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2025 DAILYLAW 112746 (ALL)

IRFAN v. STATE OF U.P.

BAIL/46925/2024 · 2025-05-15

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81178 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46925 of 2024 Applicant :- Irfan Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Dubey,Vishal Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed in the Court today is taken on record. Heard Shri Vishal Jaiswal, learned counsel for the applicant, Sri Vijendra Kumar, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Irfan, seeking enlargement on bail in Case Crime No. 337 of 2024, under Sections 109 of B.N.S. & Section 3/25/27 of Arms Act, Police Station- Brahmpur, District- Meerut. 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 18.10.2024. Learned counsel for the applicant submits that the injured in his statement has not levelled any specific allegation against the applicant and only general role has been assigned to him. As per the medical examination report, injuries sustained by the injured are simple in nature. Learned counsel for the applicant further submits that the Investigating Officer has also submitted chargesheet in the matter and no useful purpose would be served by detaining the applicant. He next submits that co-accused, namely, Danish, has already been enlarged on bail by this Court vide order dated 11.12.2024 passed in Criminal Misc. Bail application No. 42532 of 2024. He has criminal antecedent of eight cases and the same are duly explained in para 2 of the supplementary affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above 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. Accordingly, the bail application is allowed. Let the accused-applicant, Irfan, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 :- 16.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad