Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:59567 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5365 of 2025 Applicant :- Mahmood And Another Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicants, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicants submits that the author of the injury is not known however, general role has been assigned to all the accused persons including the applicants. Learned counsel further submits perusal of the statement of the injured also goes to show that general role has been assigned to all the accused persons including the applicants. It is thus contended that the applicants have been falsely implicated in the present case due to ulterior motive. Learned counsel next argued that the applicants have no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicants are languishing in jail since 21.11.2024. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence. 4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of
tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicants may be enlarged on bail. 5.
Let applicants Mahmood and Bismilla involved in Case Crime No.239 of 2024 under Sections 109 (1), 115 (2), 352, 351 (3) of B.N.S., Police Station Khampar, District Deoria, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appear on the date fixed by the trial court. iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court.
7. The bail application is allowed.
Order Date :- 22.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad