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2025 DAILYLAW 70151 (ALL)

AASIF v. STATE OF U.P.

BAIL/23033/2025 · 2025-07-27

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:124200 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23033 of 2025 Applicant :- Aasif Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tomar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Atul Verma, Advocate holding brief of Sri Akash Tomar, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.163 of 2025, under Sections 109(1), 318(4), 317(5), 336(3), 340(2) B.N.S., 2023 and Section 3/25/28 Arms Act, 1959, Police Station Mansoorpur, District Muzaffar Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the instant case is a case of police party firing no injury case. The applicant has been falsely implicated in four cases in all and he has yet to apply for bail in those cases. The applicant is languishing in jail since 26.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that it is police party firing no injury case and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Aasif, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 28.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad