Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:86045 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13377 of 2025 Applicant :- Maksood Ali Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Narayan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Karunesh Narayan Tripathi, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 217 of 2024, under Sections 191(2), 191(3), 190, 109, 115(2), 352, 351(2), 324, 74, 331(6), 103(2), 61(2), 3(5) BNS, Police Station- Shahi District- Bareilly during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of false and general allegation, applicant has been roped in the present matter along with as many as 50 named and 10-15 unknown persons and after considering entire facts of the case in detail, co-accused Israr Ahmad and Mukhyar Ali have been released on bail by this Court and their bail orders have been annexed as Annexure No. 5 to the affidavit and on facts, case of applicant is at par with them. 5. He further submitted that however, apart form the present case, applicant is having criminal history of one another case but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and in the present matter, he is in jail since 20.12.2024. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the
record of the case. 8. Considering the argument advanced by learned counsel for the applicant and the fact that two similarly placed co-accused Israr Ahmad and Mukhyar Ali have been released on bail by this Court and criminal history of solitary case of the applicant has been explained in the supplementary affidavit filed in support of the instant bail application and he is in jail in the present matter since 20.12.2024, in my view applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
10. Let the applicant- Maksood Ali be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 20.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad