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2025 DAILYLAW 23043 (ALL)

MUJAMMIL ALIAS MAJJU v. STATE OF U.P.

BAIL/6958/2025 · 2025-05-25

Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89450 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6958 of 2025 Applicant :- Mujammil Alias Majju Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey,Shubham Pandey Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant, Sri Rajeev Kuamr Sonkar, learned brief holder for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Mujammil Alias Majju, seeking enlargement on bail in Case Crime No.653 of 2024, under Sections 309(4), 351(2), 61(2), 317 (2), 140(1), 62 of the Bharatiya Nyaya Sanhita, 2023, and 4/25 Arms Act, Police Station Baghpat, District Baghpat. Learned counsel for the applicant argued that the accused- applicant is not named in the F.I.R.. The F.I.R. was lodged at the instance of Arpit Agarwal on 03.08.2024 with the allegation that on 02.08.2024 at 6.30 P.M. four unknown persons covering their face with cloth entered into his house and on the pointing of knife they committed loot of Rs.6,30,000/- and one mangalsutra and ran away by extending threats. He further argued that co-accused Faheem @ Guddu disclosed the name of the applicant regarding complicity of robbery. The applicant has been arrested by the police during investigation. Rs.60,500/- was recovered from the possession of the applicant. He has been falsely implicated in this very case crime number, he is not involved in the alleged robbery. No such looted property has been shown from the possession of the applicant. The applicant has no previous criminal history and is languishing in jail since 04.08.2024. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned AGA has vehemently opposed the prayer for bail. Considering all above 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, Mujammil Alias Majju, 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. Order Date :- 26.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad