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2025 DAILYLAW 61189 (ALL)

MAHBOOB v. STATE OF U.P.

BAIL/18497/2025 · 2025-05-27

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91281 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18497 of 2025 Applicant :- Mahboob Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey,Shubham Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ram Raj Pandey, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.13 of 2025, under Sections 123, 70(1), 61(2), 351(2) B.N.S., Police Station Baghpat, District Baghpat, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim has been examined as PW-1 during trial and she has categorically levelled the allegations against her uncle (Fufa) Mehtab. She has categorically denied having seen the applicant at the place of occurrence. The said statement of the victim has been annexed as annexure no.5 to the affidavit filed with the bail application. 5. Learned counsel for the applicant has further stated that there is no likelihood of conviction of the applicant in the present case. There is no criminal history of the applicant. He is languishing in jail since 11.01.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim who has been examined as PW-1 during trial, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Mahboob, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 28.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad