MOHD ASLAM ALIAS ASLAM KHAN ALIAS PRAMUKH JI v. STATE OF U.P.
BAIL/47462/2024 · 2025-01-27
Deepak Verma
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 113270 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113270 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13595 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47462 of 2024 Applicant :- Mohd Aslam Alias Aslam Khan Alias Pramukh Ji Opposite Party :- State of U.P. Counsel for Applicant :- Phool Singh Patel,Satya Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 249 of 2022, registered under Sections 8/20/29 Narcotics Drugs & Psychotropic Substances Act, Police Station- Kotwali, District- Basti, during pendency of the trial.
3. At the very outset, learned counsel for the applicant submits that the applicant claims parity with the co-accused, namely, Chabeela Yadav, who has been granted bail by this Court in Criminal Misc. Bail Application No. 35532 of 2022 vide order dated 21.09.2022 and the role of the applicant is same as of the co-accused, hence, the applicant is also entitled for bail on the ground of same footing. He next contended that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant has no criminal history to his credit. The applicant is languishing in jail since 26.09.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co- operate in trial.
4. Learned A.G.A. has opposed the bail prayer of the applicant.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant- Mohd Aslam Alias Aslam Khan Alias Pramukh Ji, who is involved in the aforesaid case crime, be released on bail on his 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant 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 :- 27.1.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad