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Anil Kasana Alias Anil v. State Of U.p

Anil Kasana Alias Anil v. State Of U.p

(High Court Of Judicature At Allahabad)

CRIMINAL MISC. BAIL APPLICATION No. - 10278 of 2025 | 17-04-2025

1. Heard Shri Gaurav Kakkar, learned counsel for the applicant, Ms. Anita Singh, learned Brief Holder for the State-respondents and perused the record.

2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Anil Kasana Alias Anil , seeking enlargement on bail in Case Crime No. 30 of 2025, under Sections 115 (2), 191 (2), 109 (1), 191 (3), 352, 351 (2), 351 (3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Teelamod, District Ghaziabad.

3. 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 26.1.2025. Learned counsel for the applicant submits that applicant had no motive to cause the present incident. As per evidence available on record, there are many discrepancies, which establishes the fact that applicant was not present on the spot. Learned counsel for the applicant submits that first informant is none else, but the injured himself. The medical report reveals that at the time of admission in the hospital, the injured was conscious, oriented and was fit to make statement before the Police. In the statement, the victim has not assigned any role to the applicant. Thereafter, in the statement annexed at Page 37 of the bail application, the injured has made two developments, firstly, applicant was present on the spot, but has not assigned any role to the applicant, which shows that it is an afterthought version. Secondly, injured introduced four witnesses and these four witnesses were not introduced at the time of registration of FIR and there is no pellet injury nor empty cartridges have been recovered from the spot. Neither there is any report of X-Ray nor CT Scan is available on record. Even the doctor has not reported any injuries dangerous to life. Learned counsel for the applicant submits that on account of these discrepancies, the involvement of the applicant in that very case crime number is highly doubtful. He has two cases of criminal antecedent, which have sufficiently been explained 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.

4. Learned Brief Holder has vehemently opposed the prayer for bail by submitting that doctor in his report has said that injured had received injuries on his head at many places.

5. 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.

6. Accordingly, the bail application is allowed.

7. Let the accused-applicant, Anil Kasana Alias Anil , 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:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

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

4. 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.

8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Advocate List
  • Gaurav Kakkar,Raghvendra Prakash

  • G.A.

Bench
  • Hon'ble Mr. Justice Ashutosh Srivastava
Eq Citations
  • 2025/AHC/56989
  • LQ/AllHC/2025/2236
Head Note