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Neutral Citation No. - 2025:AHC:133111 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21561 of 2025 Applicant :- Allauddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Shukla,Sharukh Khan Counsel for Opposite Party :- G.A.,Sandeep Kumar Srivastava Hon'ble Ashutosh Srivastava,J.
1. Heard learned counsel for the applicant, Shri Punit Kumar Singh, learned AGA for the State-respondents and perused the record.
2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Allauddin, seeking enlargement on bail in Case Crime No. 78 of 2025, under Sections 115(2), 352, 351(2), 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Bachhraun, District- Amroha.
3. There is allegation in the First Information Report that on 23.03.2025 at about 05:00 pm, when the father-in-law of the informant went to buy fruit, the applicant along with two accused persons started abusing and committing maar-peet with the informant and her father-in-law.
4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 03.04.2025.
Learned counsel for the applicant submits that no specific allegation of assault has been assigned to the applicant and only general role has been given to him. He further submits that the deceased died after three days at his home from being discharged from the hospital. He next submits that one of the co-accused has been exonerated during investigation and one has been granted bail by this Court and the applicant stands on identical or better footing. 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.
5. Learned AGA has vehemently opposed the prayer for bail.
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, Allauddin, 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 :- 6.8.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad