Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 34026 (ALL)

JUBAIR AHMAD ALIAS HAJI v. STATE OF U.P.

BAIL/10378/2025 · 2025-04-30

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:68959 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10378 of 2025 Applicant :- Jubair Ahmad Alias Haji Opposite Party :- State of U.P. Counsel for Applicant :- Ajit Kumar Nishad,Ulajhan Singh Bind Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as perused the material brought on record. 2. Learned counsel for the applicant submits that in the instant case, initially the applicant was granted bail and he was continuously appearing before the trial court uptill the year 1997. Thereafter, he did not appear before the trial court as he was acquitted in two other cases by the concerned trial court and his counsel informed him there is no need of his presence. Learned counsel further submits that applicant was arrested by the police on 29.07.2024 and since then he is languishing in jail. He further submits that the applicant had not deliberately absconded from the judicial proceedings and undertakes that he shall not repeat the same in future. Lastly, it was submitted that the applicant is in judicial custody since 29.07.2024, and in case, applicant is enlarged on bail, he will not misuse the liberty of bail. 3. Learned A.G.A. has opposed the prayer for bail. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Jubair Ahmad Alias Haji, be enlarged on bail in Case Crime No. 812 of 1989, under Section 307 I.P.C., Police Station- Colonelganj, District- Prayagraj, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. vi) Trial court is directed to make all possible efforts/ endeavour and try to conclude the trial expeditiously. 6. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. Order Date :- 1.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad