Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:33351 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6037 of 2025 Applicant :- Mursaleem Opposite Party :- State of U.P. Counsel for Applicant :- Syed Faiz Hasnain Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit, filed by the counsel for the applicant, is taken on record. 2. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 280 of 2024, under Sections 411, 413, 414, 420 I.P.C., Police Station- Mundhapandey, District- Moradabad during pendency of the trial. 4. Counsel for the applicant submits that the applicant was not arrested at the spot. The name of the applicant was disclosed by co-accused Nafees Ahmad. The said statement insofar as it implicates the applicant is unreliable. No recovery was made from the applicant. Further, co-accused Nafees Ahmad has been granted bail by this court vide order dated 26.7.2024 passed in Criminal Misc. Bail Application No.26380 of 2024. The criminal history of the applicant has been explained in para 2 of the supplementary affidavit. The applicant is in jail since 15.1.2025. In case he is enlarged on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not arrested at the spot. The name of the applicant was disclosed by co-accused Nafees Ahmad. Co-accused Nafees Ahmad has been granted bail by this court. Further the applicant has presently remained confined for more than one month and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the
evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7.
Let the applicant, Mursaleem involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 7.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad