Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:28651 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2612 of 2025 Applicant :- Rihan Opposite Party :- State of U.P. Counsel for Applicant :- Ankush Sharma,Km. Ashra,Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.,Vivek Singh Hon'ble Ashutosh Srivastava,J. Heard Mohd. Samiuzzaman Khan assisted by Ms. Akshara,
learned counsel for the applicant, Shri Gyanendra Prasad, learned Brief Holder for the State-Respondent and perused the record. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Rihan, seeking enlargement on bail in Case Crime No. 526 of 2024, under Section 109(1), 191(2), 190 and 352 B.N.S., Police Station Teela Mod, District Ghaziabad.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number; First Information Report has been lodged against four persons including the applicant and one unknown person. The applicant has been implicated only on the basis of village party bandi and the applicant has not participated in any firing or no weapon has been recovered from the possession of the applicant. There is no independent witness to support the prosecution story; 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; co-accused namely Adnan has already been released on bail vide order dated 31.01.2025 passed in Crl. Misc. Bail Application No. 1373 of 2025 by this Court. hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid fact. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Rihan, 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 their bail.
Order Date :- 28.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad