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2025 DAILYLAW 91278 (ALL)

ABID v. STATE OF U.P.

BAIL/30574/2025 · 2025-09-14

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30574 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Supplementary affidavit filed today is taken on record. Heard Shri V.M.Zaidi, learned Senior counsel, assisted by Shri M.J.Akhtar, leaned counsel for the applicant, Ms. Sufia Saba, learned counsel for the first informant and Shri Manoj Kumar Singh, learned A.G.A. 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, Abid, seeking enlargement on bail in Case Crime No. 90 of 2025, under sections 192, 191 (2), 191 (3), 109 (1), 115 (2), 351 (3), 103 (1) B.N.S., Police Station-Bhopa, District, Muzaffarnagar. 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 20.03.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Mohd. Shahbaz and Babar have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 18137 of 2025 and 26357 of 2025 vide orders dated 04.07.2025 and 04.08.2025. Criminal history of two cases has been properly explained in paragraph no. 27 of the affidavit filed in support of bail application 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. Versus Counsel for Applicant(s) : M J Akhtar, Shahzad Alam, Sr. Advocate Counsel for Opposite Party(s) : G.A., Sayeed Saif Ullah, Sufia Saba Abid .....Applicant(s) State of U.P. .....Opposite Party(s) Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits 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, Abid, 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 15, 2025 Deepak/ BAIL No. 30574 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad