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2025 DAILYLAW 193675 (ALL)

NAVED v. STATE OF U.P. AND 3 OTHERS

BAIL/32833/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32833 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, Shri Sury Pratap Singh, learned counsel for the first informant and Shri S.K.Rai, learned A.G.A.Ist, for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant-Naved, seeking enlargement on bail in Case Crime No. 339 of 2025, under Section 351 (3) B.N.S. and Section 3/4(2), POCSO ACt, Police station Mubarakpur, 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 01.08.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Danish @ Saleem and Arshad Azami, have already been enlarged on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application Nos. 32486 of 2025 and 33343 of 2025, vide orders dated 22.09.2025 and 25.09.2025. Applicant has no criminal antecedents 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co-accused has already been granted bail by this Court. 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 Versus Counsel for Applicant(s) : Gaurav Khare, Rashtrapati Khare, Rehan Sayeed Counsel for Opposite Party(s) : G.A., Sanjay Kumar Yadav Naved .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Naved, 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 15, 2025 Deepak/ BAIL No. 32833 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad