Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50701 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11379 of 2025 Applicant :- Javed Opposite Party :- State of U.P. Counsel for Applicant :- Abhitab Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Abhitab Kumar Tiwari, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State- respondents, Shri Syed Mohd. Abbas Hussain, learned counsel who has put in appearance on behalf of 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- applicant, Javed, seeking enlargement on bail in Case Crime No. 58 of 2023, under Sections 352, 109, 351 (2), 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Lohiya Nagar, District Meerut.
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 4.2.2025.
Learned counsel for the applicant submits that injuries suffered on the person of injured are simple in nature. No specific role has been assigned to the applicant. The role of applicant is distinguishable from co-accused Iqbal. 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. Hence, bail has been prayed for.
Learned counsel for the informant as well as 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-applicant, Javed, 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 :- 8.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad