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2025 DAILYLAW 64804 (ALL)

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

BAIL/19569/2025 · 2025-08-04

Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131923 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19569 of 2025 Applicant :- Mateen Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhilesh Kumar Yadav,Arvind Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Mateen, with a prayer to release him on bail in Case Crime No. 604 of 2022, under Sections 354, 504, 506 IPC, 7/8 POCSO Act and 3(2)5Ka SC/ST Act, Police Station Syohara, District- Bijnor, during pendency of trial. It is argued by the learned counsel for the applicant that the applicant was initially enlarged on bail by the court below on 21.11.2022. Thereafter, the applicant attended the trial and absconded from the proceeding from 1.7.2023. The applicant has surrendered before the court on 28.4.2025. Further argument is that the applicant went to Mumbai for earning his livelihood. The applicant could not appear before the trial court for attending the dates in trial. Therefore, bail granted earlier to the applicant was cancelled. The applicant is languishing in jail since 28.4.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 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 deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 that :- 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 4. In case, the applicant fails to appear even on one date in trial, bail granted to him shall stand cancelled and he shall be taken into custody forthwith. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. The trial court is directed to conclude the trial against the applicant, as expeditiously as possible, as per Section 346 B.N.S.S./309 Cr.P.C. Order Date :- 5.8.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad