Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:56347 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10270 of 2025 Applicant :- Abrar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- Ehtesham Afsar Khan,G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rakesh Pati Tiwari, learned counsel for the applicants, Shri Ajay Singh, learned AGA for the State-respondents, Shri E. A. Khan, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Abrar and Munshi , seeking enlargement on bail in Case Crime No. 839 of 2024, under Sections 115 (2), 352, 351 (3), 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station Bhojipura, District Bareilly.
Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since
18.2.2025. Learned counsel for the applicants submits that general role has been assigned in the said FIR. It is an outcome of cross case. Both sides have received injuries. They have 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-applicants, Abrar and Munshi , 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 :- 17.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad