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2025 DAILYLAW 44401 (ALL)

JAMIR AHMAD v. STATE OF U.P.

BAIL/13289/2025 · 2025-05-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75186 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13289 of 2025 Applicant :- Jamir Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Dinesh Kumar Tripathi, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Jamir Ahmad, seeking enlargement on bail in Case Crime No. 145 of 2025, under Sections 191 (2), 191 (3), 190, 115 (2), 125, 125 (b), 132, 109, 352, 351 (2) BNS and Section 7 CLA (Amendment) Act, Police Station Vijay Nagar, District Ghaziabad. 3. 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 12.03.2025. 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 the role of firing has not been assigned to the applicant nor he assaulted with firearm. Applicant has no concern with the alleged incident but the local police only to show good work has falsely implicated the applicant in the present case. The prosecution version is vague and no such incident has taken place as alleged in the FIR. As per the medical report, all the injury sustained by the police persons are simple in nature and not dangerous to life. No firearm has been used by the applicant in the alleged incident. The delayed FIR was lodged after lapse of considerable time with consultation and deliberation which create a serious doubt. General role has been assigned to all the accused persons and in absence of specific role of assault, no offence is made out against the applicant. Hence, bail has been prayed for. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Jamir Ahmad, 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. 9. 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 :- 7.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad