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2025 DAILYLAW 19679 (ALL)

SUHAIB @ SUAIB v. STATE OF U.P.

BAIL/6180/2025 · 2025-08-03

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130314 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6180 of 2025 Applicant :- Suhaib @ Suaib Opposite Party :- State of U.P. Counsel for Applicant :- Moni Gupta,Rajesh Kumar Chitragupt,Ravitendra Pratap Singh Chandel,Syed Ahmed Faizan,Vipin Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed in the Court today is taken on record. Heard Shri Syed Ahmed Faizan, learned Sr. Counsel assisted by Sri Ravitendra Pratap Singh Chandel, learned counsel for the applicant, Shri Yagyavalk 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, Suhaib @ Suaib, seeking enlargement on bail in Case Crime No. 336 of 2024, under Sections 140(1), 103(1), 238 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Llisadigate, District- Meerut. There is allegation in the First Information Report that on 11.09.2024, the accused-applicant (nephew of the informant), on gun point, fled the wife (now deceased) of the informant on a motorcycle. 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 12.09.2024. Learned counsel for the applicant submits that in the FIR, it is mentioned that children of the informant had seen the incident of alleged abduction, but their statements were recorded after about 22 days of the incident and there was no mention of motorcycle or scooty and there is no independent witness of the alleged abduction. He further submits that there is no cctv footage and CDR report on record in order to establish the prosecution case. Recovery of a tamancha has been shown from possession of the applicant which is totally false and fabricated. He has criminal antecedent of one case 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, Suhaib @ Suaib , 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 :- 4.8.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad