Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:53510 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11068 of 2025 Applicant :- Mohd. Kamil Husain Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Ajay Singh, 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, Mohd. Kamil Husain , seeking enlargement on bail in Case Crime No. 70 of 2025, under Sections 109 of the Bharatiya Nyaya Sanhita, 2023, and Section 3/25/27 of Arms Act, 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 11.2.2025.
Learned counsel for the applicant submits that injured received injuries in an incidental fire. The applicant was not named in the FIR. Initially, the FIR was lodged against unknown persons. Name of applicant has surfaced on record on the statement of injured, which was got recorded after 10 days of the alleged incident. The applicant has been falsely implicated on the basis of demand of money, which was demanded in turn of electricity work performed by the applicant. 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 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, Mohd. Kamil Husain, 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 :- 11.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad