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Neutral Citation No. - 2025:AHC:91792 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13563 of 2025 Applicant :- Amar Opposite Party :- State of U.P. Counsel for Applicant :- Giri Ram Rawat,Indra Deo Mishra,Shri Ram (Rawat) Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Indra Deo Mishra, learned counsel for the applicant and Shri Purshottam Maurya, 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, Amar, seeking enlargement on bail in Case Crime No.60 of 2022, under Section 5/25 of Arms Act, Police Station-Ramgarh, District-Firozabad.
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 01.02.2022.
Learned counsel for the applicant submits that the first information report has been lodged on 01.02.2024 with the allegation that on an information of the informer with regard to manufacturing of country made pistols, the police party raided the spot of incident and arrested the applicant and one other accused person and recovered 15 country made pistols. Learned counsel for the applicant submits that the applicant was arrested from his house and has been falsely implicated in the present case. Recovery of 15 country made pistols is planted one as there is no independent eye witness of the said recovery. Co-accused namely Mugees Uddin @ Guddu, has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 14700 of 2022 vide order dated 05.05.2022. Learned counsel for the applicant further submits that the applicant is languishing in jail since more than last three years. Criminal history of four cases has been properly explained 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 but could not dispute the aforesaid facts. 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, Amar, 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 :- 28.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad