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Neutral Citation No. - 2025:AHC:144576 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10769 of 2025 Applicant :- Mustafa Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- Ajay Kumar Mishra,G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Supplementary affidavit filed on behalf of the applicant today in the Court, is taken on record. 2. List revised. None appears for the informant. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 3. Learned counsel for the applicant submits that the applicant was granted interim bail vide order dated 25.07.2025 subject to the conditions contained in that order, in which one of the condition was that the applicant will repay the amount in question to the informant within three weeks. Learned counsel has drawn attention of this Court to Annexure-SA1 to the supplementary affidavit, which is the extract of pass book as well as message receipt of the applicant's bank account to demonstrate that the applicant has transferred Rs. 5,61,700/- in the informant's bank account. It is thus contended that now the entire amount has been transferred in the bank account of the informant and therefore, the applicant may be enlarged on bail. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 23.01.2025. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence, however he could not dispute the submission that the applicant has repaid the amount in question to the informant. 5.
After perusing the record in the light of the submissions made at
the bar and after taking an overall view of all the facts and circumstances of this case, disputed amount has been paid by the applicant, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant Mustafa involved in Case Crime No.387 of 2023 under Sections 420, 467, 468, 471, 406 I.P.C., Police Station Jani, District Meerut, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to 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.
7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.
8. The bail application is allowed.
9. Let a copy of this order be communicated to concerned C.J.M. through Registrar (Compliance) of this Court today.
Order Date :- 22.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad