Allowed

Kalim Khan v. State of U.P.

Allahabad HC22 Aug 2025BAIL/28794/2025

Case brief

AI extract

What is this about?

Bail application under Section 483 BNSS for an accused charged under Sections 103(1) and 3(5) BNS. Bail was sought on parity with a similarly circumstanced co-accused already enlarged on bail. The court found a case for bail and allowed the application with conditions.

What did the court decide?

Applicant released on bail on personal bond and two reliable sureties, subject to conditions including no tampering with evidence or witness intimidation.

Kalim Khan vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:144715

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28794 of 2025

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Applicant :- Kalim Khan Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Chowdhury,Shamsul Islam Siddiqui Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Kalim Khan, seeking enlargement on bail in Case Crime No. 08 of 2025, under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Khuldabad, DistrictPrayagraj.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 19.02.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Amit Manchanda Alias Lalu has already been enlarged on bail by this Court on 08.08.2025 in Criminal Misc. Bail Application No. 24688 of 2025, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. The applicant has criminal antecedent of one case bearing Case Crime No. 120 of 2023 under Sections 323, 452, 504 and 506 of I.P.C. 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.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid coaccused has already been granted bail by this Court.

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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

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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, Kalim Khan , 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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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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

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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 :- 22.8.2025 Anjali

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Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

Kalim Khan v. State of U.P.

Case brief

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Kalim Khan v. State of U.P.

Case brief

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