Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:27177 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6918 of 2025 Applicant :- Mohd. Azam Opposite Party :- State of U.P. Counsel for Applicant :- Manju Lata Verma,Ram Sumer Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 303 of 2022 at Police Station- Charwa, District- Kaushambi under Section 2/3 (1) of UP Gangster and Anti Social Activities (Prevention) Act. The applicant is in jail since 30.11.2022. The bail application of the applicant was rejected by trial court on 22.12.2022. The following arguments made by Shri Ram Sumer Chaudhary and Ms. Manju Lata Verma, learned counsels on behalf of the applicant, which could not be satisfactorily refuted by Shri Ranjit Sagar, learned AGA from the record, entitle the applicant for grant of bail:
1. The applicant has been falsely implicated in this case only to burnish the credentials of the police investigators. 2. The applicant has been enlarged on bail in a solitary case depicted in the gang chart. 3. He is not a member of any criminal gang. 4. The applicant has explained his criminal history. It is also contended that the applicant has become a soft target and a convenient scapegoat for the police authorities who nominated him in a number of false cases to burnish their professional credentials. The said cases do not have any bearing on the instant bail application. 5. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Mohd. Azam be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered
by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 27.2.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad