Sadab Alias Saddam Vs State of U.P.

Neutral Citation No. - 2025:AHC:88599

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17412 of 2025

Applicant :- Sadab Alias Saddam Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Singh,Sanjeev Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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The is the second bail application. The first Bail Application bearing No. 33593 of 2024 was rejected by this Court vide order dated 24.01.2025.

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Heard Sri Ramesh Kumar Singh, learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the Staterespondents and perused the record.

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This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Sadab @ Saddadm, seeking enlargement on bail in Case Crime No. 106 of 2024, under Sections 147,148, 323, 324, 504, 506, 452, 307 IPC and Section 4/25 Arms Act, Police Station Arniya, District Bulandshahr.

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The allegation made in the FIR is that on 28.04.2024, at about 7:00 p.m., the applicant along with 14 other accused persons armed with sharp edged weapon entered into the house of informant and assaulted his son Keshav with intention to kill him and on hearing the hue and cry when the neighbor namely Manoj @ Monti came there for his rescue, the applicant was also assaulted him.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 29.04.2024. 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. Learned counsel for the applicant submits that the injured Keshav and Manoj @ Monti were medically examined by the private doctor of Kailash Hospital, Khurza, District Bulandshahr on 29.04.2024. As per the injury report of injured Keshav Sharma, a sharp edge wound present over left lateral chest

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wall, mid auxiliary line, sixe 3 x 1 cm. likely stab wound injury and injury report of injured Manoj @ Monti- a sharp edge wound present over left thigh anterior aspect size 2.5 cm.x 0.5 cm. with active bleed likely stab wound injury and as per the opinion of doctor, the injury of injured Manoj @ Monti is simple in nature caused by sharp edge. As per the recovery memo, a knife has been recovered from the possession of the applicant and the investigating officer, after completing investigation has submitted charge sheet dated 22.07,2024 against the applicant and coaccused persons and the learned court below has taken cognizance. Learned counsel for the applicant submits that till date six witnesses of facts have been examined before the trial court. It is next submitted that the no offence under the aforesaid section is made out against the applicant. The medical report does not corroborate the ocular evidences and in the case of Mahaveer Singh , it is held that in case there are very contradiction in the medical evidence and ocular evidence, the ocular evidence may be disbelieved. It is further submitted that all the co-accused persons have been granted bail. The alleged entire prosecution story against the applicant is false, fabricated and baseless and concocted. Hence, bail has been prayed for.

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Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

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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.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Sadab @ Saddam, 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:

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i. The applicant will not tamper with the evidence.

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ii. The applicant will not indulge in any criminal activity.

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iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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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.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 23.5.2025 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Sadab Alias Saddam v. State of U.P.

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