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2025 DAILYLAW 41559 (ALL)

MUJAHID v. STATE OF U.P. AND 3 OTHERS

BAIL/12388/2025 · 2025-05-18

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83607 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12388 of 2025 Applicant :- Mujahid Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- 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. Notice issued to first informant of the case has been served personally but none appears for the informant. 3. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 4. Learned counsel for the applicant submits that the applicant is a student of class XI and to spoil his career, the instant prosecution has been launched against the applicant. He further submits that victim in her statement recorded under Section 180 and 183 B.N.S. specifically stated that nothing wrong has been committed by the applicant. It is thus contended that no offence as alleged is made out against the applicant and that the applicant has been falsely implicated due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. 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 06.03.2025 having no criminal history. 5. 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. In case the applicant is released on bail he will misuse the liberty of bail 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed. 7. Let applicant Mujahid involved in Case Crime No. 87 of 2025 under Sections 75, 351(2) of B.N.S. and Section 3/18 of POCSO Act, Police Station Dataganj, District Budaun, 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. 8. 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. 9. The bail application is allowed. Order Date :- 19.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad