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2025 DAILYLAW 33894 (ALL)

SAJID v. STATE OF U.P.

BAIL/10264/2025 · 2025-04-08

Ashutosh Srivastava

body2025

Judgment text

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jNeutral Citation No. - 2025:AHC:51612 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10264 of 2025 Applicant :- Sajid Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Kamal Kishor Mishra, learned counsel for the applicant, Shri Shyam Narayan Rai, 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. 46 of 2025, under Sections 190, 191(2), 191(3), 109(1), 131, 115(2), 352, 125 of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25/27 of Arms Act, Police Station Bhojpur, District Ghaziabad. 3. Learned counsel for the applicant argued that the accused- applicant is innocent due to enmity. He has been falsely implicated in this very case crime number and is languishing in jail since 20.02.2025. He has criminal history of one case, which is explained in para no. 2 of the supplementary affidavit, and applicant is on bail in that case. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. It is a no injury case. There is no medical examination report of any doctor. There is no direct evidence to connect the applicant with this case. Applicant has applied for his bail before the Court below but the same was wrongly rejected. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 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, Sajid, 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