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2025 DAILYLAW 47222 (ALL)

AASIM KHAN v. STATE OF U.P.

BAIL/13400/2025 · 2025-04-29

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:68272 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13400 of 2025 Applicant :- Aasim Khan Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.290 of 2024, under Sections 328, 379, 411 & 482 of IPC, Police Station - Kotwali Dehat, District - Bulandshahar. 2. Learned counsel appearing on behalf of applicant has submitted that the applicant is innocent person and he has not committed any offence as alleged in the F.I.R. He has been falsely implicated in this case due to ulterior motive. It is submitted that the alleged recovery of three motorcycles and one car has been shown by the police without following procedure prescribed under the law. There are no independent witness of the said alleged recovery. It is further submitted that he is languishing in jail since 18.03.2025 and there are no previous criminal history but he has been implicated in three cases after the arrest in the present case. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA appearing on behalf of the State vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during the arguments. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. It is admitted fact that he is languishing in jail since 18.03.2025 and criminal history of 13 cases have already been explained in paragraph no.26 of the paper-book. Prima facie, I do not find any credible evidence to link the applicant at this stage. There are also no chance for completion of trial in near future as the investigation is still going on. He has also undertaken to co-operate with investigation and trial when he will be released on bail. There are also no material brought on record to establish that if he, after englarging on bail, will influence the trial and not co-operate in the trial. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Aasim Khan who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1,00,000/- (one lakh) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 30.4.2025 Rama Kant (Chandra Dhari Singh, J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad