Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:71793 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42628 of 2024 Applicant :- Ali Razzak Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Prasad Mishra,Satyam Mishra,Zainul Abdin Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as perused the material brought on record. 2. Learned counsel for the applicant submits that in the instant case applicant is not named in the FIR, the incident was occurred on 16.06.2023 at 1.40 P.M. In the said incident no one has sustained any injury. In the said incident it is stated by the first informant that when he reached before Ganesh Mohalla at 1.40 P.M., all of sudden three unknowns persons stopped him and they introduced them as police personnel and searched his bag and they quietly taken jewelries without knowledge of victim and flew away on their motorcycle. Also, nothing is found in the C.C.T.V. footage. It is next argued by learned counsel for the applicant that the distance of police station to the place of incident is only 100 steps and, the incident place is in market place which is crowded. The victim has not shouted. The accused did not show any weapon to victim. The accused person is having criminal history of one case in which he has already been released on bail. Lastly, it was submitted that the applicant is in judicial custody since 27.09.2024 and in case, applicant is enlarged on bail, he will not misuse the liberty of bail. 3. Learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands
allowed. 5. Let the applicant- Ali Razzak be enlarged on bail in Case Crime No. 130 of 2023, under Sections 382, 419 IPC, Police Station- Mughalpura, District- Muradabad on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. Order Date :- 5.5.2025 RPD Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad