Aarif Alias Malik vs State of U.P.

Neutral Citation No. - 2025:AHC:83592

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5092 of 2025

Applicant :- Aarif Alias Malik Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Vijay Bahadur, learned counsel for the applicant, Sri Vijendra Kumar, 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, Aarif Alias Malik, seeking enlargement on bail in Case Crime No. 432 of 2024, under Sections 8/20 of N.D.P.S. Act, Police Station- Jawan, District- Aligarh.

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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 01.11.2024. Learned counsel for the applicant submits that similarly placed coaccused, namely, Sadik, has already been enlarged on bail by this Court by order dated 02.05.2025 passed in Criminal Misc. Bail Application No. 4918 of 2025, copy of the bail order 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, Sadik, who has 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.

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Learned AGA submits that vide order dated 17.03.2025, two weeks' time was granted to file counter affidavit, but the same could not be filed. Learned AGA further has vehemently opposed the prayer for bail, but could not dispute the aforesaid fact.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction

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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, Aarif Alias Malik , 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 :- 19.5.2025 Anjali

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

Aarif Alias Malik v. State of U.P.

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Aarif Alias Malik v. State of U.P.

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