Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:61441 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11196 of 2025 Applicant :- Iqbal Opposite Party :- State of U.P. Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.,Syed Mohammad Abbas Husain Hon'ble Ashutosh Srivastava,J.
1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard learned counsel for the applicant, Sri Syed Mohammad Abbas Husain, learned counsel for informant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Iqbal, seeking enlargement on bail in Case Crime No. 58 of 2025, under Sections 352, 109, 351 (2), 3 (5) BNS and Section 9 (1) A (1)/25 (2), 27 Arms Act, Police Station Lohiya Nagar, District Meerut. 4. The allegation made in the FIR is that on 19.01.2025 at about 08:30 p.m. the accused persons and one unknown arrived at the house of informant and abused them and when the grand son of the informant objected to the abuse then he accused persons exhorted to fire upon Jamai Ahmad on which the applicant fired upon him and due to hue and cry the neighbour arrived at the place of incident, the accused persons ran away from there. 5. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 05.02.2025. 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. Learned counsel for the applicant submits that as per the doctor's advice, the X-ray of chest and left arm were performed and nothing abnormal was detected and as per the Radiologist report injury Nos. 1, 2 and 3 were simple in nature like
firearm injury but he has not specifically mentioned that the injuries were actually caused by any firearm. The doctor has also not given his own opinion regarding the weapon used in causing such injury. Hence, bail has been prayed for. 6. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7.
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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Iqbal, 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. 10. 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 :- 21.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad