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2025 DAILYLAW 22478 (ALL)

AMIT ALIAS SUMIT v. STATE OF U.P.

BAIL/7539/2025 · 2025-03-04

Ashutosh Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:31800 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7539 of 2025 Applicant :- Amit Alias Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Kumar,Sandhya Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant and Shri S.K.Rai, learned AGA-Ist for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Amit @ Sumit, seeking enlargement on bail in Case Crime No. 304 of 2024 under Sections 109 (1) B.N.S., Police Station-Barla, District-Aligarh. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. Applicant is languishing in jail since 27.01.2025. First Information Report has been lodged on 09.12.2024 with the allegation that the applicant, Sonu and and four unknown persons have assaulted the injured by giving blow by knife and back side of of country made pistol due to which the injured sustained serious injuries. The injured in his statement has assigned the role of giving blow by knife over the neck of the applicant. From the medical report it is clear that the injury sustained by the injured over his neck is simple in nature. The applicant 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, but could not dispute the aforesaid facts. Considering all those 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, Amit @ Sumit, 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 :- 5.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad