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2025 DAILYLAW 35899 (ALL)

AZRUDDEEN @ AZRU @ AZHAR @ RIHAN v. STATE OF U.P.

BAIL/10896/2025 · 2025-07-30

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129319 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10896 of 2025 Applicant :- Azruddeen @ Azru @ Azhar @ Rihan Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Singh 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 and perused the record. 2. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the name of the present applicant came into light only on the basis of confessional statement of the co-accused. He further submits that the report is lodged after eight days and no plausible explanation is given thereof. Learned counsel further argued that the similarly situated co-accused namely, Arsh, Manuj Tyagi @ Manoj and Azeem alias Bittu have already been enlarged on bail by co-ordinate Bench of this Court vide order dated 06.09.2024, 17.01.2025, 17.03.2025 passed in Criminal Misc. Bail Application Nos. 32095 of 2024, 42916 of 2024 and 2747 of 2025, copy of which orders have been produced before this Court and is taken on record. Learned counsel thus argued that the applicant is also entitled for bail. He next submits that the applicant is languishing in jail since 19.11.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. 3. Learned AGA as well as learned counsel for the informant have vehemently opposed the bail application and submits that in case the applicant is released on bail he will misuse the liberty of bail, however, could not dispute the submissions of learned counsel for the applicant with regard to parity. 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 Mohd. Naim be released on bail in Case Crime No. 133 of 2024 under sections 309(6), 317(2) and 345(3) of B.N.S. P.S.- Bahadurgarh District - Hapur, on executing a personal bond and furnishing two local sureties each in 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. 6. 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. Order Date :- 31.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad