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Neutral Citation No. - 2025:AHC:56947 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12408 of 2025 Applicant :- Avesh Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan,Sanjay Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sanjay Kumar Pal, 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, Avesh, seeking enlargement on bail in Case Crime No. 22 of 2025, under Sections 190, 191(2)(3), 109(1), 115(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kairana, District Shamli.
Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this very case crime number. Learned counsel for the applicant further submits that F.I.R. has been registered against twenty named persons and 8-10 unknown persons. He further submitted that incident is alleged to have taken place on 11.01.2025 at 2:30 pm wherein both sides sustained injuries but it is not known as to how is the author of injury caused to the informant side. Applicant was not present at the time of incident in asmuchas he neither sustain any injury nor he was arrested on the spot. The applicant was arrested after fourteen days of the alleged incident and nothing incriminating has been recovered from his possession. He next submitted that applicant has three cases of criminal history which have sufficiently been explained in the affidavit. He lastly submitted that applicant is languishing in jail since 25.01.2025. 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, Avesh, 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