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2025 DAILYLAW 29028 (ALL)

ZEESHAN v. STATE OF U.P.

BAIL/8718/2025 · 2025-05-04

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71249 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8718 of 2025 Applicant :- Zeeshan Opposite Party :- State of U.P. Counsel for Applicant :- Kushagra Srivastava,Shahrukh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of the applicant with a prayer to release him on bail in Case Crime No.78 of 2025, registered under Sections 317(4) and 317(5) B.N.S., P.S. Garhmukteshwar, District Hapur, during pendency of the trial. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. 36 quintal wire, one country made pistol, one live cartridge, two Mahindra Pick Up vehicles have been recovered from 8 accused persons. The applicant has not been arrested on the spot. The applicant has one case of criminal history, which has sufficiently been explained. Recovery has not been supported by independent witnesses. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. Learned counsel for the applicant submits that co-accused Surendra, Subhash, Rohit, Sumit and Ravindra have already been enlarged on bail by co-ordinate Bench of this Court on 8.4.2025 in Criminal Misc. Bail Application No. 10320 of 2025. It is also contended that the applicants are languishing in jail since 13.02.2025. Learned A.G.A. has opposed the bail prayer of the applicant. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. Let the accused-applicant, Zeeshan, 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 :- 5.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad