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2025 DAILYLAW 178601 (ALL)

MD. MAKSOOD ANSARI v. STATE OF U.P. THRU. PRIN. SEC. HOME LKO.

BAIL/2293/2025 · 2025-11-13

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2293 of 2025 ALONG WITH CRIMINAL MISC. BAIL APPLICATION No. - 2839 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicants, learned AGA and perused the record. 2. The applicants seek enlargement on bail in FIR No.133 of 2024, under Section 351(4), 353(2), 111(3) BNS, P.S. Ram Janmbhoomi, District Ayodhya. 3. In terms of the FIR it was alleged that on the helpdesk number of Ram Janmbhoomi Teerth Trust, a Whatsapp message was received in Urdu language threatening that the Mosque shall be revived. It was stated that there is no place for Kafir and the temple shall be destroyed with the help of Versus Counsel for Applicant(s) : Shailender Singh, Akhil Kumar Singh, Ankit Tiwari, Gyanendra Pratap Yadav Counsel for Opposite Party(s) : G.A. Versus Counsel for Applicant(s) : Mohd. Salman Counsel for Opposite Party(s) : G.A. Md. Maksood Ansari .....Applicant(s) State Of U.P. Thru. Prin. Sec. Home Lko. .....Opposite Party(s) Mohd. Aman .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 4000 KG of RDX. The said message was sent from a mobile number disclosed in the FIR. 4. On the basis of the said, investigations were carried out and the SIM card belonging to one of the applicants was allegedly used by the applicant Md. Maksood Ansari. On the basis of the said investigation and the statement recorded by the witness contained on record as Annexure CA 2 of the counter affidavit, the applicants were arrested for the offence allegedly committed under Section 351(4), 353(2) & 111(3) BNS. 5. In the light of the said allegation, learned counsel for the applicants argues that the applicants are in custody since 13.09.2024 & 26.09.2024 and not even one witness has been examined so far. It is further argued that the applicants have no criminal antecedents and the two offences under Section 351(4) & 353(2) BNS are punishable for a term less than five years. It is further argued that there is no material to suggest organized crime which is punishable under Section 111(3) BNS. 6. Learned AGA, on the other hand, strongly opposes the bail application by arguing that threats were issued with a view to disrupt the communal harmony from the SIM Card of one of the applicants and was sent by the other applicant whose bail applications are being considered, thus, considering the gravity of the offence, bail applications should be rejected. 7. Considering the submissions made at the Bar, the material to suggest 'organize crime syndicate' as defined under Section 111(1)(i) of BNS and 'continuing unlawful activity' as defined under Section 111(1)(ii) of BNS are apparently missing against the applicants and the other offences are punishable for a term less than five years. 8. In view thereof and the fact that the applicants have no criminal antecedents and the trial has not even started, the applicants are entitled to be enlarged on bail. In view thereof, the applications are allowed. 9. Let the applicants Md. Maksood Ansari and Mohd. Aman be released on bail in aforesaid FIR number on their furnishing a personal bond each with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: BAIL No. 2293 of 2025 2 (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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. November 13, 2025 nishant BAIL No. 2293 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench