Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 129331 (ALL)

MOHD IMRAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/2390/2025 · 2025-07-07

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:38388 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2390 of 2025 Applicant :- Mohd Imran Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Nijam Ahamad,Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution's case, it is alleged that on the date of the incident, while the complainant along with other passengers was travelling in a bus bearing registration number JH-02AR- 0809 from Ayodhya to Banaras via Baskhari, the accused persons, who were in a Fortuner bearing registration number UP32-JV-9567, intercepted the bus at the Baskhari crossing and forcibly abducted Mukesh Tiwari (the bus driver), and demanded a ransom of Rs. 60,000/-. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The only role attributed to him is that he was present in the Fortuner, whereas the co-accused Prabhanshu Krishna, who was driving the vehicle, has already been granted bail by a coordinate Bench of this Court vide order dated 12.03.2025. No recovery has been made from the applicant, and no offence under Section 142(2) BNS is made out against him. The applicant is in custody since 14.02.2025 and has no prior criminal history. The charge sheet has already been submitted in the case. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application. however, has not refuted the role attributed to the applicant as mentioned in the bail plea. On due consideration to the role assigned to the applicant, the bail granted to co-accused Prabhanshu Krishna who was driving the Fortuner, the fact that the applicant is in custody since 14.02.2025 without any criminal antecedents, and without expressing any opinion on the merits of the case, this Court finds it a fit case for granting bail to the applicant. . Accordingly, the bail application is allowed. Let the applicant Mohd Imran involved in Case Crime No. 35 of 2025, under sections 140(2) of the B.N.S., Police Station- Baskhari, District -Ambedkar Nagar 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). Order Date :- 7.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench