Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35161 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri A.K. Solanki along with Ms. Pashali Solanki, learned counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 146 of 2025, under Sections 323, 324, 307, 506 IPC , Police Station- Wazirganj, District Budaun.
3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR and in the FIR, it was mentioned that brother-in-law of Ahmad Miya was also involved, even charge sheet was not filed against the applicant. However, during trial, on the basis of statement of injured, the applicant was summoned under Section 319 Cr.P.C. It is further submitted that from perusal of the statement of injured recorded under Section 319 Cr.P.C., it is clear that specific allegation of causing injuries has been made against Ahmad and no role for causing injury has been assigned to the applicant. It is further submitted that main accused Ahmad Miya has already been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.12335 of 2020 vide
order dated20.04.2020. Therefore, the applicant is entitled to be released on bail. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for Versus Counsel for Applicant(s) : A.K. Singh Solanki, Pashali Solanki Counsel for Opposite Party(s) : G.A. Mohammad Husain Alias Bablu .....Applicant(s) State of U.P. .....Opposite Party(s)
bail but could not dispute the aforesaid fact.
5. Thus, considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and taking into account the fact that no specific role has been assigned to the applicant and main accused Ahmad Miya has already been granted bail by a co-ordinate Bench of this Court and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Mohammad Husain @ Bablu involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 13, 2025 A.Kr.
BAIL No. 35161 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad