Aslam Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Aslam Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Accused-applicant Aslam released on bail in Case Crime No. 218 of 2024 (P.S. Shahi, District Bareilly) upon executing a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to conditions: (1) no tampering with evidence; (2) no indulgence in criminal activity; (3) no pressurizing/intimidating prosecution witnesses, with cooperation in the trial; (4) regular appearance before the trial court on every fixed date unless exempted through counsel; breach of any condition entitles the court below to cancel the bail.

Issue for consideration

Whether accused-applicant Aslam, in custody since 20.07.2024 in Case Crime No. 218 of 2024 (registered under the cited BNS sections and Section 7 Criminal Law Amendment Act, Police Station Shahi, District Bareilly), is entitled to enlargement on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, counsel having urged innocence and parity with bailed co-accused Dilshad, Rashid and Hasnain, and the AGA having opposed the prayer.

Court's answer

Considering all the facts and circumstances, the nature of accusations, the severity of punishment in the case of conviction, the nature of supporting evidence, the reasonable apprehension of tampering with witnesses and the prima facie case, the Single Judge concluded that a case for bail is made out, expressly without commenting on the merit of the case.

Ratio / Principle

The bail application of accused-applicant Aslam in the above case crime number is accordingly allowed.

Key takeaways

The accused-applicant Aslam is to be released on bail on 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: he will not tamper with the evidence; will not indulge in any criminal activity; will not pressurize/intimidate the prosecution witnesses and will cooperate in the trial; and will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel. In the event of breach of any of these conditions, the court below is at liberty to proceed to cancel his bail.ratio¶¶13

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 68 — CRIMINAL MISC. BAIL APPLICATION No. 4652 of 2025 (Neutral Citation 2025:AHC:36722), Order Date 7.3.2025, Hon'ble Ashutosh Srivastava, J. Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 moved by accused-applicant Aslam, languishing in jail since 20.07.2024, for enlargement on bail in Case Crime No. 218 of 2024, under Sections 191 (2), 191 (3), 190, 132, 125 (1), 221, 224, 331 (5), 324, 109, 3 (5), 61 (2) BNS and Section 7 Criminal Law Amendment Act, Police Station Shahi, District Bareilly. Counsel (Shami Ullah) pleaded innocence, absence of criminal antecedent, no flight/tampering risk, and parity with similarly placed co-accused Dilshad, Rashid and Hasnain already enlarged on bail by order dated 19.02.2025 in Criminal Misc. Bail Application No. 46752 of 2024; learned AGA opposed. Considering the nature of accusations, severity of punishment, supporting evidence, reasonable apprehension of witness tampering and the prima facie case, and expressly without commenting on merit of case, the Single Judge made out a case for bail and allowed the application: release on personal bond and two reliable sureties each in the like amount, subject to conditions of no evidence tampering, no criminal activity, no pressurizing/intimidating prosecution witnesses, cooperation in trial and regular appearance before the trial court; on breach of any condition the court below may proceed to cancel the bail.

Neutral Citation No. - 2025:AHC:36722

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4652 of 2025

Applicant :- Aslam Opposite Party :- State of U.P. Counsel for Applicant :- Shami Ullah Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Sri Shami Ullah, learned counsel for the applicant, Shri Rakesh Kumar Mishra, 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 accusedapplicant, Aslam, seeking enlargement on bail in Case Crime No. 218 of 2024, under Sections 191 (2), 191 (3), 190, 132, 125 (1), 221, 224, 331 (5), 324, 109, 3 (5), 61 (2) BNS & Section 7 Criminal Law Amendment Act, Police Station- Shahi, DistrictBareilly.

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 20.07.2024. It is submitted that similarly placed co-accused, Dilshad, Rashid and Hasnain, has already been enlarged on bail of by the Bench of this Court by order dated 19.02.2025 passed in Criminal Misc. Bail Application No. 46752 of 2024, copy of the bail orders produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Dilshad, Rashid and Hasnain, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 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. Hence, bail has been prayed for.

Learned AGA has vehemently opposed the prayer for bail.

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, Aslam 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

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

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.

Order Date :- 7.3.2025 v.k.updh.

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