Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:109206 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21728 of 2025 Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Mohammad Faisal Khan, learned counsel for the applicant and Ms Ruchi Mishra, learned State Law Officer and perused the material available on record.
2. Applicant seeks bail in Case Crime No. 103 of 2025, under Sections 109, 3(5) of B.N.S. and 4/25 Arms Act, Police Station - Mansurpur, District - Muzaffar Nagar, during the pendency of trial.
3. Contention of the learned counsel for the applicant is that as per the allegation of the first information report, it is case of firing on police party in which none of the police personnels sustained injury. It is further submitted that merely on the basis of recovery of Rs. 10,000/- and one knife from the possession of the applicant, he has been falsely implicated in the present case. There is no public witness of the alleged recovery. Criminal history of the applicant has been explained in paragraph-15 of the affidavit filed in support of bail application. Charge sheet has already been submitted against the applicant, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and is languishing in jail since 12.04.2025. 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. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact.
5. Thus, 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 applicant is entitled to be enlarged on bail.
6. Let the applicant- Asif, 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 applicant 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 applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant 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 applicant 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