Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:136869 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27622 of 2025 Applicant :- Mahammad Asif Opposite Party :- State of U.P. Counsel for Applicant :- Nasira Adil Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava, J. Heard Ms. Nasira Adil, learned counsel for the applicant, Sri Virendra Kumar, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 247 of 2024, under Sections 109, 103, 61(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of Criminal Law (Amendment) Act and Sections 3/25/27 of Arms Act, Police Station Azeem Nagar District Rampur.
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
18.09.2024. Learned counsel for the applicant submits that similarly circumstanced co-accused Abdul Majid has already been enlarged on bail by this Court on 22.07.2025, in Criminal Misc. Bail Application No. 17803 of 2025. 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the fact that similarly circumstanced aforesaid co-accused has already been granted bail by this Court. 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, Mahammad Asif, 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 :- 12.08.2025. Vinod. (Ashutosh Srivastava, J.) Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad