Allahabad High Court
Wasim Akram vs State Of U.P. on 28 March, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:65175
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 19021 of 2025
Wasim Akram
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s)
:
Mohd Abdullah Tehami, Sandeep Kumar Singh, Syed Mohammad Nawaz
Counsel for Opposite Party(s)
:
Alok Kumar, G.A., Sumbul Khan
Court No. - 84
HON'BLE JAI PRAKASH TIWARI, J.
Rejoinder affidavit has been filed today by learned counsel for the applicant. The same is taken on record.
Heard Mr. Sanjay Kumar, learned counsel for the applicant, Sri Prem Narayan Singh, learned counsel holding of Mr. Alok Kumar, learned counsel for the opposite party, Mr. Rajeev Kumar Singh, learned A.G.A. and perused the record.
The present bail application has been filed on behalf of the applicant- Wasim Akram, who is involved in Case Crime No. 83 of 2025, under Sections 124(1), 115(2) and 351(2) of the B.N.S., Police Station Khekhra, District Baghpat, with the prayer to enlarge the applicant on bail.
Learned counsel for applicant has submitted that the applicant is innocent and has falsely implicated in this case. Further submission is that the P.W.-1 and P.W.-2 have been examined before the trial court and at this stage they have not supported the prosecution version. Learned counsel for the applicant has further submitted that if the applicant is released on bail, he would not misuse liberty of bail and is ready to co-operate in the trial.
Learned A.G.A. for the State vehemently opposed the prayer for bail and has submitted that it is a case of acid attack. The offence is serious in nature. Further submission is that there is no illegality in the bail rejection order, hence the applicant is not entitled for bail and the bail application is liable to be rejected.
After hearing the rival submissions of the parties, and perused the record. The trial has commenced, and the statements of P.W.-1 (informant/father of the injured) and P.W.-2 (injured) have been recorded during the course of the trial. They have not supported the prosecution version in examination-in-chief as well as in cross and without expressing any opinion on merits, I find that it is a fit case for grant of bail of applicant.
Bail Application is allowed.
Let applicant- Wasim Akram, be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence of witnesses and shall not commit any offence.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this 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.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for 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.
(Jai Prakash Tiwari,J.) March 28, 2026 S.K.