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2025 DAILYLAW 70443 (ALL)

AAHAD ALIAS RAJA v. STATE OF U.P.

BAIL/23434/2025 · 2025-07-07

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107581 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23434 of 2025 Applicant :- Aahad Alias Raja Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this application under Section 483 of BNSS, applicant Aahad Alias Raja, who is involved in Case Crime No. 70 of 2025, under Sections 25(8) Arms Act, police station Lalkurti, district Meerut seeks enlargement on bail during the pendency of trial. As per the prosecution case, in brief, three persons, namely, Sharib, Haidar Khan and Uvaid Khan were arrested on 11.05.2025 and from their possession 204 cartridges of 12 Bore, 30 cartridges of 315 Bore, one motorcycle No. UP15CX4423 and two mobile phones were recovered and thereafter during their interrogation, complicity of applicant alongwith other accused persons came into light. Accordingly, first information report was lodged against 09 accused persons, namely, Sharib, Haider Khan, Uvaid Khan, Shakir, Qadim, Johny, Aahad @ Raja @ Pakhtuni (present applicant), Bhoora and Fahim Langda. The main allegation of the prosecution is that the applicant was also indulged in illegal business of sale of illegal cartridges. Main substratum of arguments of learned counsel for the applicant is that co-accused Sharib, Haidar Khan and Uvaid Khan, who were apprehended by the police and from their possession recovery has been made, have been granted bail vide orders dated 19.06.2025, 20.06.2025 and 25.06.2025 passed in Criminal Misc. Bail Application Nos. 18718 of 2025, 20521 of 2025 and 19406 of 2025 and case of the present applicant stands on better footing than that of the aforesaid co-accused persons. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 19.05.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but did not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that case of the applicant stands on better footing than that of co-accused Sharib, Haidar Khan and Uvaid Khan, who have been granted bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant Aahad Alias Raja be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 8.7.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad