Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:66390 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4275 of 2025 Applicant :- Mohammad Sameer Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- Ehtesham Afsar Khan,G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed in the Court today is taken on record. Heard Shri Bharat Singh, learned counsel for the applicant, Sri Ajay Kumar Singh, learned AGA for the State-respondents and Sri Ehtesham Afsar Khan, learned counsel for the informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Mohammad Sameer, seeking enlargement on bail in Case Crime No. 505 of 2024, under Sections 140(4), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4(2), Section 5(g)/6 Protection of Children from Sexual Offences Act, 2012, Police Station- Bhojipura, 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 07.12.2024.
Learned counsel for the applicant further submits that the FIR has been lodged after seven days of the incident and plausible explanation has been given regarding the delay. He next submits that as per the medical examination report, no injury has been found on the body of the victim. Nothing incriminating has been recovered from possession of the applicant. The applicant 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, Mohammad Sameer, 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 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad