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2025 DAILYLAW 11481 (ALL)

WASIM v. STATE OF U.P.

BAIL/2632/2025 · 2025-04-28

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66261 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2632 of 2025 Applicant :- Wasim Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ankit Agarwal, learned counsel for the applicant and Shri Arimardan Yadav, 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, Wasim, seeking enlargement on bail in Case Crime No. 1048 of 2024, under Sections 115 (2), 352, 351 (2), 109 (1) of the Bharatiya Nyaya Sanhita, 2023, Police Station-Sikandarabad, District-Bulandshahar. 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 17.12.2024. Learned counsel for the applicant submits that First Information Report has been lodged on 09.12.2024 with the allegation that on the date of incident the applicant and other accused persons assaulted the son of the first informant namely Aman with the kick and fists, butt of country made pistol and knife due to which the injured sustained serious injuries. He further submits that no specific role has been assigned to the applicant. Recovery of knife on the pointing out of the applicant is planted one as there is no independent witness of the said recovery. Learned counsel for the applicant further submits that the present case is counter blast of a First Information Report dated 28.11.2024 lodged by the father of the applicant against the injured and his brother. 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. 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, Wasim, 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 :- 29.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad