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2025 DAILYLAW 100114 (ALL)

AYUB v. STATE OF U.P.

BAIL/32824/2025 · 2025-10-07

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32824 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant and Shri Yagyavalka Pandey, learned A.G.A for the State of U.P. and perused the record. The present bail application has been filed on behalf of the applicant Ayub in Case Crime No. 795 of 2019, under Sections-147, 148, 149, 283, 332, 353, 336, 342, 436, 307, 188 I.P.C., 7 Criminal Law Amendment Act and 3/4 of Public Property Damages Act, Police Station-Rasulpur, District-Firozabad, with the prayer to enlarge him on bail. The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 04.08.2025. The case of the applicant is similar to co-accused Azeem who has been enlarged on bail by this Court, vide order dated 15.09.2025 passed in Criminal Misc. Bail Application No. 7541 of 2025, in these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. During course of arguments, learned counsel for the applicant placed before this court a photocopy of bail order of co-accused Azeem is taken on record. Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that similarly situated co-accused has already been granted bail. Considering the rival submissions of learned counsel for parties, material available on record, ground of parity with the co-accused as well as Versus Counsel for Applicant(s) : Noor Muhammad, Yogesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Ayub .....Applicant(s) State of U.P. .....Opposite Party(s) totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Let applicant Ayub be released on bail in aforesaid Case Crime on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail. (2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court. (3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. October 8, 2025 Deepak/ BAIL No. 32824 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad