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2025 DAILYLAW 48209 (ALL)

AFTAB ALAM v. STATE OF U.P.

BAIL/13750/2025 · 2025-05-18

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83798 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13750 of 2025 Applicant :- Aftab Alam Opposite Party :- State of U.P. Counsel for Applicant :- Gyanesh Kumar Mishra,Rohit Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Heard Sri Gyanesh Kumar Mishra, learned counsel for the applicant, Sri Vinay Kumar Singh, Brief Holder for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant Aftab Alam with a prayer to release him on bail in Case Crime No. 494 of 2024, under Sections 303(2), 317(4), 317(5), 318(4), 319(2), 338, 336(3), 340(2) B.N.S.,2023, P.S. Meja, District Prayagraj during pendency of the trial. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant next submits that applicant has been arrested while patrolling and thereafter implicated in the present case. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. There are criminal history of 12 cases, which have been clearly explained in para no. 8 of the bail application and para no. 9 of the supplementary affidavit. Co-accused namely Nitin Patel has already been released on bail vide order dated 18.03.2025 passed by the co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 1642 of 2025. The applicant is languishing in jail since 30.11.2024 and in case he is enlarged on bail he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the bail prayer of the applicant. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant, Aftab Alam, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond of Rs. 50,000/- 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 the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad