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Neutral Citation No. - 2025:AHC:73556 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6048 of 2025 Applicant :- Aman Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.,Suneel Kumar Yadav Hon'ble Ashutosh Srivastava,J. Heard Shri Surya Pratap Singh, Advocate, holding brief of Shri Sanjay Kumar Yadav, learned counsel for the applicant and Shri Sunil Kumar Yadav, leanred counsel for the first informant and Shri S.K.Rai, learned AGA-Ist, 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, Aman Singh, seeking enlargement on bail in Case Crime No. 582 of 2024, under Sections 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 3/25 of Arms Act, Police Station- Kotwali, District-Azamgarh.
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 18.10.2024.
Learned counsel for the applicant submits that a First Information dated 15.10.2024 has been lodged with the allegation that the applicant has fired upon the injured along with other co-accused persons, whereas, the injured in his statement under Section 183 B.N.S.S. has said that Applicant and Roshan has given fire arm injury upon the injured. From the medical report it is clear that the injured has sustained only one fire arm injury and it is not clear who is author of the said injury. Co-accused Sonu Rao @ Vikash Kumar, has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 4717 of 2025, vide order dated 01.05.2025. In the present case charge sheet has been filed on and there is no necessity of any further custodial interrogation. Criminal history of the five cases against the applicant has been explained in the affidavit filed in support of bail application 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 counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 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, Aman Singh, 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 :- 7.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad