Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:17970 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46285 of 2024 Applicant :- Umar Alias Saddam Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Ram Prakash Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State.
2. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 137 of 2024, under Sections 109(1), 352,351(3) and 3(5) BNS and Section 3/25 Arms Act, Police Station Reuna, District Kanpur Nagar during pendency of the trial.
3. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter along with co-accused Arbaz and after considering entire
facts of the case in detail, co-accused Arbaz has been released on bail by this Court vide order dated 27.1.2025 passed in Criminal Misc.Bail Application No. 1629 of 2025 and on facts case of applicant is almost at par with him.
4. He further submits that even the present case is a case of no injury.
5. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since
5.10.2024.
6. Per contra, learned AGA although opposed the prayer for bail
but could not dispute the argument on facts advanced by the
learned counsel for the applicant.
7. I have heard learned counsel for the parties and perused the record of the case.
8. Considering the fact that it is a case of no injury and co-accused Arbaz has already been released on bail by this Court and applicant is not having any previous criminal history and in the present matter he is in jail since 5.10.2024, in my view, applicant is entitled to be released on bail.
9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
10. Let the applicant-Umar @ Saddam be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.
11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 7.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad