Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75184 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15165 of 2025 Applicant :- Jahid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ekansh Varma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Ekansh Verma, learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Jhahid, seeking enlargement on bail in Case Crime No. 0145 of 2025, under Sections 191 (2), 191 (3), 190, 115 (2), 125, 125 (b), 132, 109, 352, 351 (2) BNS and Section 7 CLA Act, Police Station Vijaynagar, Nagar, Commissionerate Ghaziabad. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 18.03.2025. He 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. Learned counsel for the applicant submits that neither the applicant was present on the spot nor any recovery has been made from him. There is no CCTV footage or independent witness of the alleged incident and alleged country made 315 bore pistol and its cartridges have been recovered from the possession of co-accused persons. Hence, bail has been prayed for. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Jhahid, 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. 9. 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 :- 7.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad