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Neutral Citation No. - 2025:AHC:37703 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8860 of 2025 Applicant :- Afsar Alias Yar Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Vinay Pratap Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.218 of 2024, under Sections 191(2), 191(3), 190, 103(1) B.N.S., Police Station- Mauaima, District- Prayagraj, during pendency of the trial. 3. Learned counsel for the applicant submits, applicant has been made accused in the present matter along with five others including co-accused Mahfooz Alias Mohd. Mahfooz and after considering entire facts in detail, co-accused Mahfooz Alias Mohd. Mahfooz has already been released on bail by this Court vide order dated 16.1.2025 passed in Criminal Misc. Bail Application No.43337 of 2024 and on facts case of applicant is at par with him. 4. It is next submitted that however applicant was having criminal history of two other cases but in one case he has already been acquitted and remaining case relates to minor offence. 5. He further submits, in the present matter, applicant is in jail since 03.09.2024 i.e. for last almost six months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that co-accused Mahfooz Alias Mohd. Mahfooz has already been released on bail by this Court and case of applicant is at par with him. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by learned counsel for the
applicant and the fact that similarly placed co-accused Mahfooz Alias Mohd. Mahfooz has been released on bail by this Court and criminal history of two cases of the applicant has been explained in the instant bail application and in the present matter, he is in jail since 03.09.2024 i.e. for last almost six months, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10.
Let the applicant -Afsar Alias Yar Mohammad be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 17.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad