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Neutral Citation No. - 2025:AHC:26140 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47258 of 2024 Applicant :- Yaseen Shah Alias Aseen Shah Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Pandey,Santosh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Shashank Singh, learned Brief Holder 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, Yaseen Shah alias Aseen Shah, seeking enlargement on bail in Case Crime No. 218 of 2024, under Sections 191(2), 191(3), 190, 132, 125(1), 221, 224, 331(5), 324, 109, 3(5), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and under Section 7 of Criminal Law Amendment Act, Police Station- Shahi, District- Bareilly.
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 20.07.2024. Applicant has criminal history of only one case and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that no specific allegation has been levelled against the applicant. Nothing incriminating has been recovered from the possession or pointing of the applicant. Co-accused namely Dilshad, Rashid and Hasnain have already been released on bail vide a common order dated 19.2.2025 passed by this Court in Crl. Misc. Bail Application No. 46752 of 2024. 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, Yaseen Shah alias Aseen Shah, 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 applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court, unless their 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 their bail.
Order Date :- 24.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad