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2025 DAILYLAW 98583 (ALL)

ARIF v. STATE OF U.P.

BAIL/32859/2025 · 2025-10-07

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32859 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Sanjay Kumar, learned counsel, holding brief of Shri Mohd. Faisal Khan, learned counsel for the applicant and Shri Manoj Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant Arif, seeking enlargement on bail in Case Crime No. 192 of 2025, under Sections 3/7/5/25 of Arms Act, Police station-Civil Line, 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 07.08.2025. Learned counsel for the applicant submits that a First Information Report was lodged by the first informant with the allegation that on an information of informer the police party raided the place of incident and arrested five persons including the applicant. Recovery of one country made pistol has been shown from the possession of the applicant. Learned counsel for the applicant submits that the recovery shown from the applicant is planted one as there is no independent eye witness of the said recovery. He further submits that the applicant 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 has vehemently opposed the prayer for bail but could not Versus Counsel for Applicant(s) : Mohammad Faisal Khan Counsel for Opposite Party(s) : G.A. Arif .....Applicant(s) State of U.P. .....Opposite Party(s) dispute the fact that the applicant has no criminal antecedents. 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, Arif, 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. October 8, 2025 Deepak/ BAIL No. 32859 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad