Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:52964
Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10186 of 2025 Applicant :- Sultan Ansari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Ahmar Malik,Muhammad Akmal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard learned counsel for the applicant, Shri Mithilesh Kuamr, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 57 of 2024, under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023, Police Station Kandawa, District Chandauli. 3. 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 04.12.2024. 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. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. Victim has refused for her internal medical examination. Victim has stated in her statement recorded u/s 183 B.N.S.S. that her father has brutally beaten her, because of this reason she left her house. As per statements recorded u/s 108 & 183 B.N.S.S. of the victim, no allegations made out against the applicant. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Sultan Ansari, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii.
The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 9.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad