Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:24287 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47368 of 2024 Applicant :- Moin Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Mohammad Faisal Khan learned counsel for the applicant and Sri Yagyavalk Pandey, learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applican Moin, seeking 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) BNS and Sections 66C, 66D of the I.T. Act, P.S. Cyber Crime, District Muzaffar Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. It is submitted that co-accused Sethi and Asif, have been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.44603 of 2024 and 46241 of 2024, copy of bail orders produced by learned counsel for applicant is taken on record. He further submitted that since the role of the applicant is identical to that of aforesaid co-accused. Hence applicant is also entitled to be enlarged on bail. It is also contended that the applicant is languishing in jail since 24.9.2024 having 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 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.
Accordingly, the bail application is allowed. Let the accused-applicant, Moin, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. 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. 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 :- 19.2.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad