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2025 DAILYLAW 12746 (ALL)

SAYYAD MOHD. AQIB v. STATE OF U.P.

BAIL/3543/2025 · 2025-09-11

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 3543 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged against six persons including the applicant. He has been implicated only because he is the brother of co-accused Sayyed Mohd. Bilal. No money has been transferred into the account of applicant and he has no concern with the affairs of his brother. The F.I.R. was lodged in the year 2022 and the applicant is in jail since 20.06.2023 and till date trial is not started as yet. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 20.06.2023 with no criminal history. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. Versus Counsel for Applicant(s) : Atul Pandey, Rajeev Upadhyay Counsel for Opposite Party(s) : Janardan Yadav, G.A. Sayyad Mohd. Aqib .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Let the applicant-Sayyad Mohd. Aqib, be enlarged on bail in Case Crime No. 224 of 2022, under Sections 420, 406, 409, 467, 468, 471 I.P.C., Police Station- Phephana, District- Ballia, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 12, 2025 Mustaqeem. BAIL No. 3543 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad