Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 167389 (ALL)

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

BAIL/9329/2025 · 2025-09-25

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9329 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Syed Tamjeed Ahmad, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 109 of 2024, under Sections 419, 420, 467, 468, 120-B I.P.C., registered at Police Station Dewa, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.02.2024 stating that the applicant himself stating that the applicant's father had already transferred his land and after he did not remain owner of any land the co-accused Siraj Ahmad wrongly made him execute numerous sale deeds in favour of various persons. After death of the applicant's father, Siraj Ahmad made the informant execute the numerous sale deeds. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The involvement of the applicant in two other criminal cases has been disclosed in para 15 of the affidavit, in one of which he has been granted bail and in one case he has been granted interim protection by the Hon'ble Supreme Court. 5. The learned counsel for the applicant has submitted that during investigation the informant himself has been made accused in the present case. It has also been submitted on behalf of the applicant that co-accused Siraj Ahmad has already been granted bail by this court by means of an order dated 25.09.2025, passed in Criminal Misc. Bail Application No.7921 of 2025. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the involvement of the applicant in the case has been established during investigation and a charge sheet has already been submitted against him. However, the investigation against the informant who has now been made an accused in the present case is still going on. Versus Counsel for Applicant(s) : Syed Tamjeed Ahmad Counsel for Opposite Party(s) : G.A. Mohd. Amir .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant himself has been made an accused in the present case and the investigation against the applicant has been concluded and a charge sheet has already been submitted against the applicant coupled with the fact that a co-accused has been granted bail in the present case and the applicant is languishing in jail since 22.05.2025 and without making any observation, which may affect the merits of the case, 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 crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Mohd. Amir be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. September 25, 2025 Ram. BAIL No. 9329 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench