Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:36127 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8649 of 2025 Applicant :- Mohd Safeek @ Ayan Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Kumar,Sharad Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Purshottam Maurya, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 99 of 2024, under Sections 137(2) and 87 of the B.N.S., 2023, Police Station Kachhawa, District Mirzapur.
Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered with some delay of which no satisfactory explanation has been submitted. He further submits that the victim has not made allegation of kidnapping, abduction or sexual offence having been committed by the applicant. In her statement the victim has stated that she has left her house on her own will, without informing to anyone of her family members. The victim has refused to undergo medical examination either external or external. There is no independent witness of the alleged incident. The applicant is languishing in jail since 18.08.2024. 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, the bail has been prayed for.
Learned counsel for the AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 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, Mohd Safeek @ Ayan, 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 :- 12.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad