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2025 DAILYLAW 102811 (ALL)

MAULANA KARI ZULFEQAR v. STATE OF U.P. AND 3 OTHERS

BAIL/34699/2025 · 2025-10-08

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34699 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Vakalatnama filed by Shri Abhishek Tripathi, learned counsel on behalf of first informant is taken on record. Heard Mohd. Asim Zulfiquar, learned counsel for the applicant, Shri Manoj Kumar Singh, learned AGA for the State-respondents, Shri Abhishek Tripathi, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Maulana Kari Zulfeqar, seeking enlargement on bail in Case Crime No. 244 of 2025, under Section 115 (2) 351 (2) of BNS and Section 5(m)/6 POCSO Act, Police Station Mundhapanday, District Moradabad. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 19.6.2025. Learned counsel for the applicant submits that prosecution witness, namely, PW1 (first informant) during his examination before the Trial Court have been declared hostile. He has also been cross examined by the learned DGC, but they failed to support the case of prosecution. He has no criminal antecedent 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. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, Versus Counsel for Applicant(s) : Mohd. Asim Zulfiquar Counsel for Opposite Party(s) : G.A. Maulana Kari Zulfeqar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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. Accordingly, the bail application is allowed. Let the accused-applicant, Maulana Kari Zulfeqar, 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 9, 2025 Ravi Prakash BAIL No. 34699 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad