Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28793 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard S/Shri Kumar Ankit Srivastava & Mukesh Kumar, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Javed Alias Shablu, seeking enlargement on bail in Case Crime No. 90 of 2025, under Sections 109 (1), 313, 318 (4), 336 (2), 336 (3), 340, 111 (4), 317 (4) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25/27 of Arms Act, Police Station Jansath, District Muzaffar Nagar. 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 13.5.2025. Learned counsel for the applicant submits that present case is police party firing with no injury. A Sub Inspector is a first informant of this case. Learned counsel for the applicant submits that co-accused Sartaz @ Bhura, has already been enlarged on bail by the Trial Court. Learned counsel for the applicant submits that applicant has criminal antecedents of eight cases. Out of them, applicant has been acquitted in two cases. 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 has vehemently opposed the prayer for bail. Versus Counsel for Applicant(s) : Kumar Ankit Srivastava, Mukesh Kumar Counsel for Opposite Party(s) : G.A. Javed Alias Shablu .....Applicant(s) State of U.P. .....Opposite Party(s)
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, Javed Alias Shablu, 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. September 12, 2025 Ravi Prakash BAIL No. 28793 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad