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Neutral Citation No. - 2025:AHC:56721 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10971 of 2025 Applicant :- Mahtab Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan,Vibha Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Mohd. Akbar Shah Alam Khan, learned counsel for the applicant, Shri D.P.S. Chauhan, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Mahtab, seeking enlargement on bail in Case Crime No. 23 of 2025, under Sections 191(2), 191(3), 190, 115(2), 352, 351(2), 109(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kairana, District Shamli. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. Four cases of criminal history have sufficiently been explained.
Learned counsel for the applicant submits that similarly circumstanced co-accused Salman @ Dabla, Tasim and Danish have already been enlarged on bail by this Court on 03.04.2025 in Criminal Misc. Bail Application No. 9416 of 2025, Criminal Misc. Bail Application No. 9728 of 2025 and Criminal Misc. Bail Application No. 9789 of 2025 respectively. He is languishing in jail since 12.01.2025 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. 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-applicant, Mahtab, 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 :- 16.4.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad