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2025 DAILYLAW 111118 (ALL)

MOHAMMAD SALEEM v. STATE OF U.P.

BAIL/45635/2024 · 2025-02-07

Ashutosh Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:18372 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45635 of 2024 Applicant :- Mohammad Saleem Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Rakesh Kumar Verma, learned counsel for the applicant, Shri Puneet Kumar Singh, learned AGA for the State- opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Mohammad Saleem, seeking enlargement on bail in Case Crime No. 480 of 2024, under Sections 191(2), 125, 109, 121(1), 132 of the Bharatiya Nyaya Sanhita, 2023 and section 7 of Criminal Law Amendment Act, Police Station Bilari, District Moradabad. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 28.11.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant; there is no independent witness of the alleged incident; there are eight injured in this case; all the injuries received to the injured are simple in nature; general role of causing injury has been assigned to all the accused persons. Co-accused namely Adil Khan, has been released on bail vide order dated 24.1.2025 passed by this Court in Crl. Misc. Bail Application No. 45655 of 2024. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Mohammad Saleem, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 7.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad