Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:67232 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1024 of 2025 Applicant :- Saddam Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Sri Adarsh Srivastava, Advocate, has put in appearance on behalf of applicant. 2. Heard Sri Adarsh Srivastava, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Saddam, seeking enlargement on bail in Case Crime No. 402 of 2024, under Sections 191 (2), 191 (3), 190, 109 (1), 115 (2), 352, 351 (2), 132, 125, 309 BNS and Section 7 CLA Act, Police Station Shikarpur, District Bulandshahr. 4. 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 25.11.2024. 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 there is no specific role has been assigned to the applicant and nothing has been recovered from the possession of the applicant. The injured were medically examined on 24.11.2024 and the injuries of the injured are simple in nature. There is no independent witness of the alleged incident. Applicant has no motive to commit the alleged crime and the investigating officer has not submitted charge sheet in the present case till date and no offence is made out against the applicant under the aforesaid sections. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 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, Saddam, 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 :- 28.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad