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Neutral Citation No. - 2025:AHC:131302 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21649 of 2025 Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned
Additional
Government
Advocate representing the State of U.P. 2-The instant bail application has been filed on behalf of the applicant-Asif with a prayer to release him on bail in Case Crime No. 102 of 2025, under Sections 109, 3(5) B.N.S., Police Station Mansurpur, District Muzaffar Nagar, during the pendency of trial. 3-It is argued by learned counsel for the applicant that the instant case relates to police party firing. In the alleged incident, four persons namely, Jogendra @ Teena, Jony, Naushad and Anuj were arrested at the spot and complicity of the present applicant-Asif and other co-accused persons namely Asif, Arjun, Monu, Anees, Gufran, Janu came into light on the basis of the statement of apprehended persons. Thereafter, applicant was apprehended by the police on 12.05.2025 and a recovery of knife has been shown from his possession and thereafter he has been implicated in 13 other criminal cases, out of which in 08 criminal cases, applicant has been granted bail. So far as this case is concerned, it is submitted that Jony, who was apprehended by the police at the spot has been granted bail by the co- ordinate Bench of this Court vide order dated 28.07.2025 in Criminal Misc. Bail Application No. 23955 of 2025 and remaining accused persons,
namely, Gufran, Anees and Jogendra @ Teena have been granted bail by the co-ordinate Bench of this Court vide orders dated 16.07.2025, 17.07.2025 and 28.07.2025 in Criminal Misc. Bail Application Nos. 21925 of 2025, 17466 of 2025 and 23986 of 2025 respectively. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 12.04.2025. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
4-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 5-Having heard learned counsel for the parties and examined the matter in its entirety, I find that other co-accused persons, under similar accusation, whose complicity came into light in the statement of arrested persons at the spot have been granted bail, as noted above, therefore, applicant has made out a prima-facie case for bail. 6-Accordingly, the instant bail application is allowed. 7-Let the applicant-Asif, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 8-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 5.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad