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2025 DAILYLAW 18403 (ALL)

AFRIDI ISLAM v. STATE OF U.P. AND 3 OTHERS

BAIL/5507/2025 · 2025-05-13

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79882 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5507 of 2025 Applicant :- Afridi Islam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.,Mohd. Jaid Hon'ble Ashutosh Srivastava,J. Heard Shri Aishwarya Pratap Singh, learned counsel for the applicant, Mohd. Jaid, learned counsel for the first informant and Shri Shashi Prakash Rai, 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, Afridi Islam, seeking enlargement on bail in Case Crime No. 285 of 2024, under Section 351 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 POCSO Act, Police Station Charwa, District Kaushambi. 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 29.12.2024. Learned counsel for the applicant submits that statements of victim recorded under Section 180 and 183 BNSS are inconsistent. Even, in the medical report, there is no injury seen. 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, Afridi Islam , 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 :- 14.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad