Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:70949 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4032 of 2025 Applicant :- Noor Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Adil Jamal,Shabeh Jamal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard learned counsel for the applicant, Sri Shashank Singh, Advocate, holding brief of learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Noor Mohammad, seeking enlargement on bail in Case Crime No. 480 of 2024, under Sections 191 (2), 125, 109, 121 (1), 132 BNS and Section 7 CLA Act, Police Station Bilari, District Moradabad. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 17.12.2024. He has criminal antecedent of 10 cases, which has been explained in para 22 of the affidavit filed in support of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no role has been assigned against the applicant to damage of public property or causing injury to any injured persons and no offence under the aforesaid section is made out against the applicant. It is not clear from the prosecution case how the police knew the name of all 32 persons. There is no eye witness of the alleged incident. It is next submitted that the applicant is a police sub inspector and he has falsely implicated the applicant to show his good work. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above 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. 7. Accordingly, the bail application is allowed. 8.
Let the accused-applicant, Noor Mohammad, 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. 9. 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. 10. 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 :- 1.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad