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Neutral Citation No. - 2025:AHC:109420 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19785 of 2025 Applicant :- Mohd Saleem And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Irshad Ahmad, learned counsel for the applicant, Sri Deepak Chaubey, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 334 of 2024, under Sections 191(2), 191(3), 190, 221, 132, 121(1), 121(2), 109(1), 125, 223(B) B.N.S., Police Station- Kotwali Sambhal, District- Sambhal, during pendency of the trial. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The applicants were not named in the First Information Report. The First Information Report was lodged against more than 700 unknown person with the allegation that they were involved in rioting and pelting stones on the police party. In the alleged incident one police personnel sustained a fire arm injury on his leg. The name of the applicants were disclosed by co-accused Faizan on the basis of CCTV footage. In the CCTV footage no overact has been assigned to the applicants. Identically placed co-accused Shujauddin Alias Shajju, Faizan, Mohammad Rihan and Azaharuddin have been granted bail by this Court vide orders dated
29.05.2025, 08.05.2025 and 06.06.2025, passed in Criminal Misc. Bail Application Nos. 17576 of 2025, 12951 of 2025, 12440 of 2025 and 17775 of 2025 respectively. The applicants claim parity. Criminal history of the applicants have been explained in the accompanying affidavit. The applicants are in jail since 04.12.2024. In case he is enlarged on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties 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. 7. Let the applicants- Mohd. Saleem, Mohd. Firoz, Mohd. Tehzeeb and Mohd.
Shadab, involved in the aforementioned crime be released on bail, on their 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 them 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 them. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 10.7.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad