Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:26061 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46223 of 2024 Applicant :- Navir Sheikh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Rajesh Kumar Singh, learned counsel for the applicant, Shri Shashank Singh, learned Brief Holder for the State- opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Navir Sheikh, seeking enlargement on bail in Case Crime No. 106 of 2024, under Sections 115(2), 352, 351(2), 118(1), 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station Sigramau, District Jaunpur. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 19.8.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. F.I.R. has been lodged after two days of the alleged incident without plausible explanation regarding delay. The injured has received multiple injuries but he was admitted in the hospital for one day only, which shows that no grievous injury received to the injured. Applicant has no motive to commit the alleged offence. Applicant has never assaulted the informant/victim and he was implicated in this case only on the basis of false and frivolous story. Hence, bail has been prayed for. 5. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction
and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8.
Let the accused-applicant, Navir Sheikh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 24.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad