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2025 DAILYLAW 6957 (ALL)

SULTAN v. STATE OF U.P.

BAIL/1414/2025 · 2025-02-26

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:27933 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1414 of 2025 Applicant :- Sultan Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kishor Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Raj Kishor Mishra, learned counsel for the applicant, Sri Ashish Mehrotra, learned brief holder appearing on behalf of the State and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Sultan, seeking enlargement on bail in Case Crime No.71 of 2016, under Section 307 I.P.C., Police Station Bagwala, District Etah. 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 04.12.2024. Learned counsel for the applicant submits that it is a police firing no injury case. The applicant was not arrested from the spot. His name was surfaced in the confessional statement of arrested co- accused persons. He has criminal antecedent of two cases, which have sufficiently been explained in paragraphs 4 and 5 of the supplementary affidavit, 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 the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Sultan, 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 :- 27.2.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad