Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:76035 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14631 of 2025 Applicant :- Asad Mustafa Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Vajpeyi,Manu Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Anurag Vajpeyi and Sri Manu Srivastava learned counsels for the applicant and Sri Dharam Raj Pal, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 596 of 2024, under Sections 140(1), 103(1), 61(2), 238, 3(5) BNS, Police Station- Kasganj District- Kasganj during pendency of the trial in the court below. 3. Learned counsels for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with several others including co-accused Keshav Mishra and after considering entire facts of the case in detail, co- accused Keshave Mishra has been released on bail by co-ordinate Bench of this Court vide order dated 12.12.2024 passed in Criminal Misc. Bail Application No. 44071 of 2024 and on facts, case of applicant is at par with him. 4. They further submitted that applicant is not having any criminal history and he is in jail in the present matter since 07.09.2024 i.e. for last more than six months. 5. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsels for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Keshav Mishra has been released on bail by this Court and applicant is not
having any criminal history and he is in jail in the present matter for last more than six months, in my view applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9.
Let the applicant- Asad Mustafa 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. 10. 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. 11. 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 :- 9.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad