Extracted from the PDF above. The PDF is authoritative.
inNeutral Citation No. - 2025:AHC:35754 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34084 of 2024 Applicant :- Azad Opposite Party :- State of U.P. Counsel for Applicant :- Vimal Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Vimal Chandra Mishra, learned counsel for the applicant, Shri S.K. Rai, learned AGA-I for the State-respondents and perused the record. 2. This bail application under Section 439 of Criminal Procedure Code has been moved on behalf of accused-applicant, Azad, seeking enlargement on bail in Case Crime No. 60 of 2024 , under Sections 307 of the Indian Penal Code and section 3/25/27 of Arms Act, Police Station -Sindhawali Ahir, District -Baghpat. 3. 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 24.02.2024; the F.I.R. dated 21.02.2024 has been lodged by the informant against the applicant herein and one unknown person; that witnesses PW-1 and PW-2 have turned hostile; injuries received to the injured are simple in nature and not on vital part of the body. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedent. 5. Considering all those 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Azad, 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:
i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 8.
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 :- 11.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad