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

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

What the court decided

AI extract

Outcome

Enlargement of accused-applicant Aslam @ Chand 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 conditions barring tampering with evidence, criminal activity and pressure/intimidation of prosecution witnesses, requiring co-operation in the trial and regular appearance before the trial court, with liberty to the court below to cancel bail upon breach.

Issue for consideration

Whether the accused-applicant, Aslam alias Chand, in custody since 19.11.2024 in Case Crime No. 267 of 2024 (Sections 109, 352, 351(3) BNS 2023 and u/s 3/25 Arms Act, PS Mugalpura, District Moradabad), should be enlarged on bail.

Court's answer

Without commenting on the merits of the case, and weighing the nature of accusations, the severity of punishment in the event of conviction, the supporting evidence, the reasonable apprehension of tampering with witnesses and the prima facie case, the court concluded that a case for bail is made out.

Ratio / Principle

The bail application is allowed; the accused-applicant, Aslam @ Chand, involved in the said case crime number is to be released on bail upon executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned.

Key takeaways

The bail release is conditional: the applicant shall not tamper with evidence, shall not indulge in criminal activity, shall not pressurize/intimidate prosecution witnesses and shall co-operate in the trial and appear regularly on dates fixed by the trial court; in the event of breach of any of these conditions, the court below will be at liberty to proceed to cancel his bail.ratio¶18

Detailed headnote1 paragraphs

Criminal Misc. Bail Application No. 8326 of 2025 (Neutral Citation 2025:AHC:34494), High Court of Judicature at Allahabad, Court No. 68, decided 10.3.2025 by Hon'ble Justice Ashutosh Srivastava. Aslam alias Chand, accused in Case Crime No. 267 of 2024 under Sections 109, 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and u/s 3/25 of Arms Act, Police Station Mugalpura, District Moradabad, in custody since 19.11.2024 and without criminal antecedent (conceded by informant's side), sought bail under Section 483 BNSS 2023. Without commenting on merits, the court found a prima facie case for bail and ordered release on a personal bond with two reliable sureties in the like amount, conditioned on non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses and regular trial attendance, failing which the court below may cancel bail.