Afsar Khan vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Afsar Khan vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Enlargement of accused-applicant Afsar Khan on bail in Case Crime No. 472 of 2024 on execution of a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses with co-operation in the trial, and regular appearance before the trial court; breach of any condition empowers the court below to cancel the bail.

Issue for consideration

Whether accused-applicant Afsar Khan, prosecuted in Case Crime No. 472 of 2024 under Sections 109, 118(1), 352 and 351(2) BNS (P.S. Maudaha, District Hamirpur), should be enlarged on bail pursuant to his application under Section 483 BNSS.

Court's answer

Weighing the nature of accusations, severity of punishment in the case of conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness and the prima facie case, but expressly without commenting on the merits, the Judge found that a case for bail is made out.

Ratio / Principle

The bail application being allowed, the accused-applicant Afsar Khan is to 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.

Key takeaways

Release is subject to four conditions: (i) the applicant will not tamper with the evidence; (ii) will not indulge in any criminal activity; (iii) will not pressurize/intimidate the prosecution witnesses and will co-operate in the trial; and (iv) will appear regularly on each and every date fixed by the trial court unless exempted through counsel; and in the event of breach of any of these conditions, the court below will be at liberty to proceed to cancel the bail.ratio¶19

Detailed headnote1 paragraphs

BAIL — ENLARGEMENT ON BAIL GRANTED — High Court of Judicature at Allahabad, Court No. 68, Hon'ble Ashutosh Srivastava, J. — Criminal Misc. Bail Application No. 9674 of 2025 under Section 483 BNSS by accused-applicant Afsar Khan in Case Crime No. 472 of 2024, Sections 109, 118(1), 352, 351(2) BNS, P.S. Maudaha, District Hamirpur — FIR alleged that on 07.11.2024 the applicant and his son, armed with kulhadi (axe) and danda, abused the informant and dealt a blow on his head after which he fainted, escaping as a crowd gathered while giving life threats — per the medical examination relied on by defence, the injured bore one lacerated wound, bleeding blunt, 4cm x 1.5 cm on the left parietal region of scalp, simple in nature — applicant in custody since 16.11.2024 — counsel for applicant argued innocence, absence of criminal antecedent, that the injuries were not dangerous/grievous enough to attract section 109 BNS, contradictions between the statements of the informant and alleged eye-witness Intezar Ali, and recording of the injured's statement by the investigating officer after a delay of about three months — learned AGA and counsel for first informant vehemently opposed but could not dispute the aforesaid facts — Judge considered nature of accusations, severity of punishment on conviction, nature of supporting evidence, reasonable apprehension of tampering and prima facie case, and without commenting on the merits held that a case for bail was made out; bail allowed on personal bond and two reliable sureties each in like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence; no criminal activity; no pressurizing/intimidating prosecution witnesses with co-operation in trial; regular appearance on dates fixed by trial court), breach whereof entitles the court below to proceed to cancel bail.