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2025 DAILYLAW 192817 (ALL)

KAYAM ALI v. STATE OF U.P.

BAIL/34172/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34172 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Rakesh Pande, learned Senior Counsel assisted by Shri Abhishek Tripathi, learned counsel for the applicant, Shri Yagvalk Pandey, 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, Kayam Ali, seeking enlargement on bail in Case Crime No. 0652 of 2025, under Sections 318 (4), 338, 336 (3) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of Information Technology (Amendment) Act, 2008, Police Station Kannauj, District Kannauj, during the pendency of the trial before the Court below. 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 30.8.2025. Learned counsel for the applicant submits that complicity of the applicant has not been established. The applicant was not named in the FIR. Co-accused Sandeep Gupta, who was named in the FIR, has already been granted bail by this Court on 9.10.2025 in Crl. Misc. Bail Application No. 34808 of 2025. He has 09 cases of criminal antecedent, which have sufficiently been explained 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, Versus Counsel for Applicant(s) : Abhishek Tripathi Counsel for Opposite Party(s) : G.A. Kayam Ali .....Applicant(s) State of U.P. .....Opposite Party(s) 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, Kayam Ali , 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 14, 2025 Ravi Prakash BAIL No. 34172 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad