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2025 DAILYLAW 17481 (ALL)

MOHD. TALIB ALAM ALIAS MOHD. ABU TALIB ALAM v. STATE OF U.P.

BAIL/5439/2025 · 2025-05-13

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79920 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5439 of 2025 Applicant :- Mohd. Talib Alam Alias Mohd. Abu Talib Alam Opposite Party :- State of U.P. Counsel for Applicant :- Hridaya Narain Singh,Mohammad Tahir Kurashi,Mohd Shamim Khan Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed by applicant under Section 483 of B.N.S.S., seeking bail in Case Crime No. 305 of 2024, under Sections 323, 324, 307, 452 of I.P.C., Police Station - Indrapuram, District - Ghaziabad. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that similarly placed co-accused, Ajaz Alam has already been granted bail by this Court vide order dated 03.05.2024 passed in Criminal Misc. Bail Application No. 14369 of 2024 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 27.01.2025. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. 3. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant. 4. Heard Mr. Shubham, learned Advocate holding brief of Mr. Hridaya Narayana Singh, learned counsel for the applicant, Mr. Yogendra Singh, learned AGA and perused the material available on record. 5. Taking into consideration the aforesaid reasons as stated above and the fact that similarly placed co-accused, Ajaz Alam has already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicant - Mohammad Talib Alam @ Mohammad Abu Talib Alam, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. (Chandra Dhari Singh, J.) Order Date :- 14.5.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad