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Neutral Citation No. - 2025:AHC:32527 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8026 of 2025 Applicant :- Adil Ahamad Opposite Party :- State of U.P. Counsel for Applicant :- Abhishe Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Abhishe Pandey, learned counsel for the applicant, Sri R.K. Srivastava, 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, Adil Ahamad, seeking enlargement on bail in Case Crime No. 262 of 2024, under Sections 109(1), 190, 191(2), 191(3), 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Maniar, District- Ballia.
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
03.11.2024. Learned counsel for the applicant submits that due to sudden quarrel arose between the parties, the applicant and one co- accused is named in the FIR. As per the statement of the injured, no specific allegation is made against the applicant. Injuries sustained by the injured are simple in nature. Co-accused, namely, Shakib Ahamad, has already been enlarged on bail by this Court vide order dated 19.02.2025 passed in Criminal Misc. Bail Application No. 2483 of 2025. 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. 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, Adil Ahamad, 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 :- 6.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad