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Neutral Citation No. - 2025:AHC:90137 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14363 of 2025 Applicant :- Mohammad Zakir Opposite Party :- State of U.P. Counsel for Applicant :- A Kumar Srivastava,Prashant Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri A. Kumar Srivastava, 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, Mohd. Zakir, seeking enlargement on bail in Case Crime No. 402 of 2024 under Sections-191 (2), 191 (3), 190, 109, 115 (2), 352, 351 (2), 132, 125, 309 B.N.S. and Section 7 of Criminal Law Amendment Act, Police Station Shikarpur, District- Bulandshahar.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since
28.11.2024. First Information Report has been lodged on 24.11.2024 with the allegation that on the information of informer the police party has tried to arrest one criminal namely Fakhruddin @ Neta, named and other co-accused persons has started beating the police party and some of them opened fire in which some of the police personnel became injured. Learned counsel for the applicant submits that the applicant was not named in the First Information Report. Learned counsel for the applicant submits that nothing has been recovered from the applicant. Injuries sustained by the police personnel are simple in nature. Co-accused Jeeshan, Faijaan @ Faijam Khan, have been granted bail by this Court in Criminal Misc. Bail Application No. 1153 of 2025 and 770 of 2025, vide orders dated 25.04.2025 and 07.04.2025. The applicant 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. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 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, Mohd. Zakir, 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 :- 27.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad