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2025 DAILYLAW 24098 (ALL)

LAL MOHAMMAD v. STATE OF U.P.

BAIL/7257/2025 · 2025-03-10

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35552 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7257 of 2025 Applicant :- Lal Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today by learned 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 has been filed with a prayer to release the applicant on bail in Case Crime No. 37 of 2025, registered under Sections 143(5) of Bhartiya Nyaya Sanhita, 2023, Police Station- Mugalsaray, District- Chandauli, during pendency of the trial. 4. Allegation in the first information report is that applicant was arrested from Mugalsaray Railway Station with two minor children and minor children in their statement have stated that they were going with the applicant for labour work in building construction. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Prosecution story is not supported by statement of any independent witness. Applicant was not carrying the minor children for labour work. The applicant is languishing in jail since 25.01.2025 having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 5. Learned A.G.A. has opposed the bail prayer of the applicant. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Lal Mohammad, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 11.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad