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Neutral Citation No. - 2025:AHC:36431 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1260 of 2025 Applicant :- Mohd. Arif Opposite Party :- State of U.P. Counsel for Applicant :- Indrajeet Kumar Shukla,Kaushal Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State-respondent and perused the record. 2. The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 224 of 2024, under Sections 420, 467, 468, 471, 120-B IPC, Police Station Najibabad, District Bijnor during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is neither seller, buyer nor witness of the alleged sale deed dated 04.12.2023. No sale deed has been executed by the applicant. No amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. At this stage, there is no credible evidence to link the applicant with the offence. The co- accused Nadeem, Farman and Kamal Singh have been granted bail by this Court vide orders dated 05.03.2025, 23.01.2025 and 27.09.2024 passed in Criminal Misc. Bail Application Nos. 7737 of 2025, 600 of 2025 and 35891 of 2024 respectively. The applicant is in jail since 23.11.2024 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that no amount has been credited in the bank account of the applicant. At this stage, there is no substantive evidence to link the applicant with the offence. The co-accused Nadeem, Farman and Kamal Singh have been granted bail by this Court. The applicant has no criminal antecedents.
The applicant has remained confined for more than three months and
after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting 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 Mohd. Arif involved in the aforesaid case 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 subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 12.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad