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2025 DAILYLAW 105063 (ALL)

ABDUL SALAM AND ANOTHER v. STATE OF U.P.

BAIL/39664/2024 · 2025-04-23

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62978 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39664 of 2024 Applicant :- Abdul Salam And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Mishra,Suneel Kumar Rai Counsel for Opposite Party :- G.A.,Ravindra Kumar Mishra Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, Sri Ravindra Kumar Mishra, learned counsel for the informant, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicants submits that the matter has been compromised between the parties, which has been annexed as Annexure-SA1 to the supplementary affidavit. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that applicants are languishing in jail since 24.09.2024. 3. Per contra, learned A.G.A.as well as learned counsel for the informant could not dispute that the matter has been compromised. 4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicants Abdul Salam and Asif Khan @ Asif Bhati involved in Case Crime No.437 of 2024 under Sections 420, 467, 468, 471, 406 I.P.C., Police Station Tronika City, District Ghaziabad, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appear on the date fixed by the trial court. iv) The applicants shall not commit an offence similar to the offence of which the applicants is accused, or suspected of the commission. v) The applicants 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 7. The bail application is allowed. Order Date :- 24.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad