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Neutral Citation No. - 2025:AHC:117133 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18459 of 2025 Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. Heard Sri C.P. Pandey, holding brief of Sri Anurag Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application, seeking bail, has been moved by the applicant-accused-Asif involved in Case Crime No.0112 of 2025, under Sections 190, 191(2), 191(3), 109, 352, 351(2), 351(3), 324(4), 125, 132, 121(1) B.N.S., 7 Criminal Law Amendment Act and 3/25/27 of Arms Act, Police Station Simbhawali, District Hapur.
3. Learned counsel for the accused-applicant contends that accused-applicant has been falsely implicated in the present case, wherein F.I.R. has been lodged by the police against two factions of the locality, who are at loggerhead and involved in cross fight. There is no specific role assigned to the accused-applicant. Some of the accused persons have already been granted bail by the court below. Recovery of country made pistol has been made from the applicant in absence of independent witness. Investigation is pending and the accused-applicant is in jail since April, 2025. As such, he prays that the accused/applicant be enlarged on bail.
4. Learned A.G.A. has opposed the prayer for bail, but could not dispute aforesaid submissions made by learned counsel for the applicant.
5. This Court has taken into consideration the rival submissions made by the parties and perused the records, which prima facie reveals that there is no specific role assigned to the accused- applicant. Some of the accused persons have already been granted bail by the court below. Recovery of country made pistol has been made from the applicant, in absence of independent witness.
Investigation is pending, and the accused-applicant is in jail since April, 2025
6. Hence, without touching the merit of the case, the bail application is allowed.
7. Let accused/applicant-Asif be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned. Order Date :- 18.7.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad