Aziz vs State of U.P.

Neutral Citation No. - 2025:AHC:52133

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7023 of 2025

Applicant :- Aziz Opposite Party :- State of U.P. Counsel for Applicant :- Devi Prasad Tripathi,Sanjay Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Devi Prasad Tripathi, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

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This bail application under Section 483 B.N.S.S has been filed by the applicant-Aziz, seeking enlargement on bail during trial in connection with Case Crime No.453 of 2024, under Sections 302, 34, 120-B, Police Station Kotwali Shahar, District Bijnor.

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The FIR of the matter was lodged on 29.5.2024 by Arpit Chaudhary against unknown persons alleging therein that on 29.5.2024 at about 7.35 p.m. his father proceeded from his shop to his house wherein when he reached the stall of Rakesh, two unknown persons shot him. He was taken to the hospital where he was declared dead. His body is lying in the hospital.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is not named in the FIR. It is argued that no test of identification parade has been conducted to ensure the participation of the applicant in the present matter. The trial in the matter has started, as such there are no chances of the applicant tampering with the evidence. Co-accused persons namely Haseen, Naimuddin, Atul Chaudhary @ Navjot Chaudhary, Mohd. Waseem, Arnav Tomar, Shubham Chaudhary have been granted bail by coordinate Bench of this Court vide orders dated 17.10.2024, 4.9.2024, 28.8.2024, 23.8.2024, 12.8.2024 and 23.8.2024 passed in Criminal Misc. Bail Application Nos.34820 of 2024, 30396 of 2024, 26403 of 2024, 26143 of 2024, 26541 of 2024, 28933 of 2024 respectively, copies of the said orders are

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annexed as Annexure No.20 to the affidavit filed in support of bail application and co-accused Faizan has been granted bail on 10.1.2025 by coordinate Bench of this Court in Criminal Misc. Bail Application No.42713 of 2024, copy of the same produced by learned counsel for the applicant is taken on record. It is argued that prior to the present case, the applicant has no criminal history, para 50 of the affidavit filed in support of bail application has been placed before the Court. While placing supplementary affidavit dated 4.3.2025 and para 3 of the same, it has been submitted that after the present proceedings the applicant has been involved in two other cases. The applicant is in jail since 6.6.2024.

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Per contra learned counsel for the State opposed the prayer for bail.

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After hearing the counsel for the parties and perusing the record, it is evident that the applicant is not named in the FIR. His implication has surfaced in the matter during the investigation. No test of identification parade has been conducted to ensure the participation of the applicant. Co-accused persons have been granted bail by coordinate Bench of this Court.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Aziz , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this

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condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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(Samit Gopal, J.)

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Order Date :- 9.4.2025 Gaurav Kuls

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Aziz v. State of U.P.

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Aziz v. State of U.P.

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