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2025 DAILYLAW 34255 (ALL)

GULAM HAIDER ALIAS MUNNA v. STATE OF U.P.

BAIL/10517/2025 · 2025-04-10

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53780 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10517 of 2025 Applicant :- Gulam Haider Alias Munna Opposite Party :- State of U.P. Counsel for Applicant :- Mayuri Mehrotra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Ms. Mayuri Mehrotra, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA 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, Gulam Haider @ Munna, seeking enlargement on bail in Case Crime No. 234 of 2024, under Sections 109 of B.N.S., Section 3/25 of Arms Act and Section 3/5A/8 of the U.P. Prevention of Cow Slaughter Act, 1955, Police Station-Gazipur, District-Fatehpur. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. The applicant is languishing in jail since 11.02.2025. learned counsel for the applicant submits that the applicant was not named in the First Information report. His name has been surfaced in the statement of the co-accused. Applicant was not arrested from the spot. Nothing incriminating articles were recovered from the possession of the applicant or on the pointing out of the applicant. Criminal history of 9 cases of the applicant has been explained in paragraph no. 11 of the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering all those 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, Gulam Haider @ Munna, 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 their 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 :- 11.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad