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2025 DAILYLAW 78037 (ALL)

BILAL v. STATE OF U.P.

BAIL/25404/2025 · 2025-08-21

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144765 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25404 of 2025 Applicant :- Bilal Opposite Party :- State of U.P. Counsel for Applicant :- Anand Prakash Dubey,Prashant Kumar Dubey Counsel for Opposite Party :- G.A.,Ram Kumar Yadav Hon'ble Ashutosh Srivastava,J. Heard Shri Anand Prakash Dubey, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State, Shri Ram Kumar Yadav, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Bilal, seeking enlargement on bail in Case Crime No. 273 of 2025, under Sections 103 (1), 61 (2), 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Lohiyanagar, District Meerut. 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 8.5.2025. Learned counsel for the applicant submits that FIR has been lodged against unknown person with a delay of 04 days. Applicant was not named in the FIR. His name surfaced on record on the basis of statement of witness Ajeem. Only role of videography has been assigned to the applicant. Role of firing has been assigned to the co-accused Sonu. His role is distinguishable from co-accused Sonu. 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. Hence, bail has been prayed for. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail, but could not dispute the factual aspect as pointed out by learned counsel for the applicant. 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, Bilal, 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 :- 22.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad