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2025 DAILYLAW 124385 (ALL)

MOHD. MUZAMMIL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME GOVT. OF U.P. LKO.

BAIL/1546/2025 · 2025-02-19

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10818 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1546 of 2025 Applicant :- Mohd. Muzammil Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Of U.P. Lko. Counsel for Applicant :- Shri Prakash Pandey,Rakesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. This bail application has been preferred by the applicant with a prayer to release the applicant and set aside the judgment and order dated 13.12.2024 passed by the learned Special Judge (Gangster Act)/Additional Sessions Judge, Court No. 9, Barabanki arising out of Case Crime No. 0487 of 2024, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Masauli, District Barabanki. It is submitted by learned counsel for the applicant that in this case he is innocent and has falsely been implicated by the police. It is submitted by learned counsel for the applicant that according to gang chart, two cases had been shown against accused-applicant in which he is on bail. He is languishing in jail since 06.12.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial, therefore, request to release the applicant on bail. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record, the period applicant served in jail and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant Mohd. Muzammil involved in Case Crime No. 0487 of 2024, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Masauli, District Barabanki, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: 1. The applicant will not tamper with the evidence during the trial. 2. The applicant will not pressurize/ intimidate the prosecution witness. 3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 5. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 19.2.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench