Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:32598 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6670 of 2025 Applicant :- Afsar Khan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Sri Mukesh Joshi, learned counsel for the applicants, Shri S.K. Rai, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Afsar Khan and Amir Khan, seeking enlargement on bail in Case Crime No. 480 of 2024, under Sections 191 (2), 125, 109, 121 (1) 132 BNS and Section 7 Criminal Law (Amendment) Act 2013, Police Station- Bilari, District- Moradabad. 3. Learned counsel for the applicants argued that the accused- applicants are innocent. He has been falsely implicated in this very case crime number and are languishing in jail since 05.02.2025. It is submitted that similarly placed co-accused, Salman Khan and Saleem Khan, have already been enlarged on bail of by this Court by order dated 24.01.2025 passed in Criminal Misc. Bail Application Nos. 46421 of 2024 and 47189 of 2024, copy of the bail orders produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicants are identical to that of co-accused, Salman Khan and Saleem Khan, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. They have 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. 4. Learned AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7.
Let the accused-applicants, Afsar Khan and Amir Khan involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 8. The applicants 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. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel them bail. Order Date :- 5.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad