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2025 DAILYLAW 19568 (ALL)

JABIR v. STATE OF U.P.

BAIL/5300/2025 · 2025-04-17

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57874 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5300 of 2025 Applicant :- Jabir Opposite Party :- State of U.P. Counsel for Applicant :- Mukul Yadav,Rajesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rajesh Yadav, learned counsel for the applicant, Shri S. K. 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, Jabir, seeking enlargement on bail in Case Crime No. 210 of 2023, under Sections 147, 148, 149, 323, 504, 506, 336, 324, 308 of the Indian Penal Code, Police Station Asmoli, District Sambhal. 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 23.1.2025. Learned counsel for the applicant submits that in this case Police is the first informant, who has lodged FIR against the applicant. All the injuries received by the injured are simple in nature except injury No. 1 received on the person of injured Sattar. Learned counsel for the applicant submits that injured Sattar in his statement recorded before the Police, annexed at Page 61 of bail application, has assigned general role to all the accused persons, but when the Police has put the question and answer to injured Sattar, then injured Sattar has levelled specific role against the applicant, which shows that Police has forced him to take the name of applicant. Thus, there is contradiction in the statement of injured Sattar as well as in the FIR version. 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, Jabir , 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 :- 18.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad