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Neutral Citation No. - 2025:AHC:27888 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45147 of 2024 Applicant :- Tasleem Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri N.I. Jaffery, learned Senior Advocate assisted by Shri Mohammad Faisal Khan, learned counsel for the applicant and Shri R.K. Srivastava, the learned for the State.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 30 of 2024, under Sections 3(5), 61(2), 238, 318(4), 319(2), 336(3), 338, 339, 340(2) B.N.S. and 66 C & 66 D of I.T. Act registered at Police Station Cyber Crime, District Muzzafar Nagar. 3.The aforesaid case has been registered on the basis of F.I.R. lodged by Inspector In-charge of police against seven persons, including the applicant, stating that on the basis of information received from a Mukhbir, a vehicle was intercepted. One person escaped and three persons, including the applicant, were arrested. Some documents were recovered from them which indicated evasion of G.S.T.
4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.
5. Learned counsel for the applicant submitted that co-accused Aas Mohd. @ Ashu has been granted bail in the present case by means of an
order dated 27.11.2024 passed by a co-ordinate Bench of this Court by in Crl. Misc. Bail Application Nos.42027 of 2024. Four other co-accused persons, namely, Sethi, Asif, Moin and Azeem have also been granted
bail by means of orders dated 05.02.2025, 11.02.2025, 19.02.2025 and 20.02.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application Nos.44603, 46241, 47368 and 45889 of 2024 respectively.
6. The State has filed a counter affidavit and the learned A.G.A. has opposed the bail application stating that evasion of tax is a serious offence which affects the public at large, however, he could not dispute the fact that the case set up against the applicant is similar to that set-up against the co-accused persons who have already been granted bail.
7. Keeping in view the aforesaid facts and circumstances of the case, I am of the view that the applicant is also entitled to be released on bail on the ground of parity.
8. Accordingly, this bail application stands allowed.
9. Let the applicant- Tasleem be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.]
Order Date :- 27.2.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad