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Neutral Citation No. - 2025:AHC:68732 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3748 of 2025 Applicant :- Mohd Zaki Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar,Mohd. Naushad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard Mohd. Naushad Siddiqui, learned counsel for the applicant and Sri S.K.Rai, learned A.G.A.-Ist, for the State-opposite party. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 387 of 2024, under Sections 310(2), 317(3) B.N.S. and Section 25/3 Arms Act, Police Station Lohiya Nagar, District Meerut during the pendency of the trial.
Learned counsel for the applicant submits that the applicant was not named in the first information report. On the basis of the information furnished by the informer the applicant was arrested along with two co-accused and has been falsely implicated in the instant case. False recovery of some ornaments of yellow and white metals, Rs. 27,300/-, one Adhar Card, once country made pistol and one live cartridge has been shown. There is no independent witness to the alleged recovery. Identically placed co- accused Sarfaraz and Mazhar have been granted bail by coordinate Benches of this Court vide orders dated 20.01.2025 and 11.03.2025 passed in Criminal Misc. Bail Application Nos. 42061 of 2024 and 8455 of 2024 . The applicant claims parity. In the present case charge sheet has been filed on 23.10.2024 and cognizance has been taken on 24.102.2024. The criminal history of the applicant has been explained in 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, Mohd. Zaki, 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 :- 1.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad