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2025 DAILYLAW 61796 (ALL)

MUSHARRAF KHAN v. STATE OF U.P.

BAIL/18278/2025 · 2025-07-08

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109262 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18278 of 2025 Applicant :- Musharraf Khan Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Mishra,Krishna Kant Tiwari Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Krishna Kant Tiwari, learned counsel for the applicant and Sri Udai Bhan, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No. 07 of 2025, under Sections- 331(4), 317(2) and 305 of B.N.S., Police Station- Kotwali, District- Fatehpur, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that the applicant was not named in the first information report. It is further submitted that merely on the basis of recovery of Rs. 63,000/- from the possession of the applicant, he has been falsely implicated in the instant case. Criminal history of the applicant has been explained in paragraph-13 of the affidavit filed in support of bail application. It has been further submitted that all the offence are punishable upto 7 years. Charge sheet has already been submitted, therefore, there is no requirement of custodial interrogation. The applicant is law abiding citizen and they are languishing in jail since 10.01.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. has opposed the prayer for bail. 5. Thus, considering the entire facts and circumstances of the case as well as law laid down by the Apex Court regarding offences punishable upto 7 years in Satender Kumar Antil Vs. Central Bureau of Investigation and Another reported in (2021) 10 SCC 773 and Siddharth vs State of U.P. and another; (2022) 1 SCC 676 and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. 6. Let the applicants- Musharraf Khan involved in the aforementioned 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, with the following conditions:- i. The applicants 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 9.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad