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2025 DAILYLAW 23337 (ALL)

ALI JAMIN AND ANOTHER v. STATE OF U.P.

BAIL/7394/2025 · 2025-03-03

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30606 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7394 of 2025 Applicant :- Ali Jamin And Another Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Irshad Ahmad, learned counsel for the applicants and Shri S.K.Ojha, learned AGA 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- applicants, Ali Jamin and Ali Mohsin, seeking enlargement on bail in Case Crime No. 163 of 2023, under Section 323, 324, 504 and 307 I.P.C., Police station-Hajratnagar Gadi, 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. First Information Report has been lodged on 20.07.2024 against four named persons including the applicant, with a delay of four days as the incident was taken place on 16.07.2023, without any plausible explanation, with the allegation that one Wafa Abbass, co-accused, misbehaved with the daughter of the informant namely Kumari Kisha and Kasish, who were studying in Green Field Public School and when the first informant made a complaint all the accused persons assaulted the applicant with Lathi and knife. The applicant no. 1 is father of the main accused Wafa Abbas and the applicant no. 2 is uncle of Wafa Abbas, and both of them have been falsely implicated in the present case. Co-accused Wafa Abbass and Rustam, have been granted bail by this Court in Criminal Misc. Bail Application No. 51837 of 2023 and 45998 of 2023, vide orders dated 05.03.2024 and 16.02.2024. No specific role has been assigned to the applicants. Criminal history of one case, against the applicants, has been explained in paragraph no. 15 of the affidavit filed in support of bail application and there is no likelihood of their 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-applicants, Ali Jamin and Ali Mohsin, 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. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their 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 their bail. Order Date :- 4.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad