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Neutral Citation No. - 2025:AHC:35361 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8541 of 2025 Applicant :- Amin Jadugar Opposite Party :- State of U.P. Counsel for Applicant :- Ruchita Jain Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Ms. Ruchita Jain, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A. for the State-opposite party and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Amin Jadugar, seeking enlargement on bail in Case Crime No.537/2021, under Sections 307, 504 I.P.C., Police Station Sipari Bazar, District Jhansi.
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 06.02.2024.
Learned counsel for the applicant submits that though in the first information report, the specific role of firing is assigned to the applicant but injuries do not corroborate from the medical reports. The applicant has not committed the offence as alleged by the prosecution. Learned counsel for the applicant further submits that the applicant has criminal antecedent of four cases, which have been explained in paragraph-24 of the affidavit filed in support of the bail application 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 A.G.A. 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, Amin Jadugar, 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 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad