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Neutral Citation No. - 2025:AHC:82621 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13789 of 2025 Applicant :- Rahul Ahirwar Opposite Party :- State of U.P. Counsel for Applicant :- Virpratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard shri Vir Pratap Singh, learned counsel for the applicant and Shri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Rahul Ahirwar, seeking enlargement on bail in Case Crime No. 17 of 2025 under Sections-109 (1), 115 (2), 352, 351 (2) of B.N.S. and Section 3/25 of Arms Act, Police Station- Kharela, District-Mahoba.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. Applicant is languishing in jail since
08.03.2025. First Information Report has been lodged on 19.08.2024 with the allegation that the applicant and two other co- accused persons beaten the first informant and the applicant has given fire arm shot upon the first informant which passed near the ear of the first informant. Learned counsel for the applicant submits that it is a no injury case. Recovery shown from the applicant is planted one as there is no independent witness of the said recovery. Criminal history of three cases, except the present one, has been explained in the affidavit filed in support of bail application 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, but could not dispute the aforesaid facts even in the counter affidavit filed. Considering all those 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, Rahul Ahirwar, 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 :- 17.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad