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2025 DAILYLAW 111164 (ALL)

UMAR MOHAMMAD AND ANOTHER v. STATE OF U.P.

BAIL/45801/2024 · 2025-01-24

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12974 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45801 of 2024 Applicant :- Umar Mohammad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.199 of 2024, registered under Section 109(1) B.N.S. & 3/25/27 Arms Act, Police Station Jahanganj, District Farrukhabad during pendency of the trial. 3. Learned counsel for the applicant submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Nothing incriminating article recovered from the possession of the applicants. Allegation of firing on police party is false and baseless. Criminal history of the applicants have been duly explained in para nos. 9 &10 to the bail application. Applicant no. 1 is languishing in jail since 10.10.2024 and applicant nos. is languishing in jail since 12.10.2024. Further, co-accused,namely, Dharmendra, Kaptan and Govind, have been granted bail by this Court vide order dated 17.01.2025 passed in Criminal Misc. Bail Application No. 522 of 2025. Applicant's case is similar with the co-accused and claimed parity with the co- accused persons. In case, the applicants are released on bail, they will not misuse the liberty of bail and co-operate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicants. 5. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 6. Let the applicants- Umar Mohammad & Mohammad Naseem, who are involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicants shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 24.1.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad