Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31113 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Namit Srivastava, learned counsel for the applicant and Shri Manoj Kumar Singh, learned AGA for the State and perused the entire material available on record. This is a second bail application filed by the applicant. The first bail application filed by the present applicant was rejected by this Court vide
order dated 17.07.2025, passed in Criminal Misc. Bail Application No. 43666 of 2024, Munazir Rafi vs. State of U.P., copy whereof has been brought on record as Annexure-1 to the bail application. The applicant has filed this second bail application with a prayer to enlarge him on bail in Crime No. 596 of 2024, under Sections 140 (1), 103 (1), 61 (2), 238, 3 (5) B.N.S. Police Station-Kasganj, District-Kasganj, during the pendency of the trial. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Present second bail application has been filed on the additional grounds that the co-accused Mustafa Kamil has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 46847 of 2024, till date trial has not commenced and there is no possibility of completion of trial in near future and the applicant is languishing in jail since more than one year as he is languishing in jail since 09.09.2024. Versus Counsel for Applicant(s) : Namit Srivastava, Parul Srivastava Counsel for Opposite Party(s) : G.A. Munazir Rafi .....Applicant(s) State of U.P. .....Opposite Party(s)
Learned AGA has vehemently opposed, but could not dispute the aforesaid
facts. Considering all those 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. Accordingly, the bail application is allowed. Let the accused-applicant, Munazir Rafi, 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.
4. 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
October 13, 2025 Deepak/ BAIL No. 31113 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad