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2025 DAILYLAW 22101 (ALL)

SAHIL KHAN v. STATE OF U.P.

BAIL/8464/2025 · 2025-03-10

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35541 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8464 of 2025 Applicant :- Sahil Khan Opposite Party :- State of U.P. Counsel for Applicant :- Madhukar Maurya Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Madhukar Maurya, learned counsel for the applicant and Shri S.K.Ojha 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 Sahil Khan, seeking enlargement on bail in Case Crime No. 30 of 2025, under Sections 8/20 of N.D.P.S. Act, 1985, 109 and 318 (4) of B.N.s. 2023 and 3/25/27 of the Arms Act 1959, Police Station-Govardhan, District-Mathura. 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 18.01.2025. First Information Report has been lodged on 18.01.2025 with the allegation that on the information of informer the police party has tried to stop the applicant the applicant opened fire on the police party and the informant and other police personnel anyhow save themselves and arrested the applicant. Recovery of Rs. 1,000/-, four mobile phones, five ATM cards, three blank passbook, two cheque books, seven sim cards, one fire arm, one used, one missed and two live cartridges and two Kilogram Ganja, shown from the applicant are planted one. The real fact is that the police authorities asked the applicant to appear before them and when he reached the Police Station they demanded money from the applicant and when he refused he has been falsely implicated in the present case.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 but could not dispute the fact that the applicant has no criminal antecedents. 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, Sahil Khan, 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 :- 11.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad