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2025 DAILYLAW 160362 (ALL)

MOHAMMAD JUNAID v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

BAIL/8037/2025 · 2025-08-27

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8037 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Mohd. Jabir, learned counsel for the applicant, Shri Angad Kumar Vishwakarma, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.277 of 2025 under Sections 310 (4), 310(5) of B.N.S. registered at Police Station- Raunahi, District- Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub-Inspector of Police on 11.07.2025 against five persons, including the applicant, stating that on the basis of an information received from a mukhbir, five accused persons were planning to commit Dacoity, the police apprehended them. Four persons, including the applicant, were arrested and it is alleged that another co-accused Asif managed to escape. As per the FIR version, a wrench, an iron hook, a plyer and a knife were recovered from a backpack from the applicant and Rs.300/- and a mobile phone was recovered form the pocket. 4. In the custodial statement of the accused persons admitted that they were waiting for a truck to commit robbery. 5. Although the learned A.G.A. has pointed out applicant's involvement in another criminal case, a supplementary affidavit has Versus Counsel for Applicant(s) : Mohd. Jabir Counsel for Opposite Party(s) : G.A. Mohammad Junaid .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) been filed on behalf of the applicant stating that the applicant is not involved in that case. 6. Learned A.G.A. has vehemently opposed the bail application and he has submitted that the investigation of the case is still pending. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR has been lodged by a Sub-Inspector of Police, the alleged recovery has not been witnessed by any independent person and the FIR merely alleges that the applicant was caught along with other co-accused persons when they were planning to commit an offence, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Mohammad Junaid be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. August 27, 2025 -Amit K- BAIL No. 8037 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench