Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34516 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Javed Khan, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 529 of 2025, under Section 109 and 352 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3/25/27 of the Arms Act, Police Station Kotwali Khalilabad, District Sant Kabir Nagar.
Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number.
Learned counsel for the applicant further submits that it is a case of Police Firing in which no Police Personnel has received any injury and the applicant has been falsely implicated in the present case. He further submits that one country-made pistol of 315 bore, one live cartridge of 315b bore and one blank cartridge of 315 has been shown to be recovered from the possession of the applicant. He submits that there is no independent witness of the alleged incident. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation.he submits that no specific role and motive has been assigned to the applicant in the present case. The applicant is languishing in jail since 21.06.2025. The applicant has criminal antecedent of one another case which has been explained in the affidavit filed in support of the bail application. He submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not Versus Counsel for Applicant(s) : Javed Khan, Parvez Khan Counsel for Opposite Party(s) : G.A. Abrar Ahmad .....Applicant(s) State of U.P. .....Opposite Party(s)
dispute the above submissions raised by learned counsel for the applicant. 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, Abrar Ahmad, 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. October 28, 2025 pks BAIL No. 34516 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad