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2025 DAILYLAW 68747 (ALL)

JAMAT ALI v. STATE OF U.P.

BAIL/21981/2025 · 2025-09-09

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21981 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Rejoinder affidavit filed today is taken on record. 3. Heard Sri Mohit Singh, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.71 of 2025, under Section 152 B.N.S., Police Station Hazratnagar Garhi, District Sambhal, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have shared a video depicting PAK ARMY being involved in OPERATION BUNYAN UN MARSOOS STARTS. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The said video does not fall within the category of sedition or endangering, sovereignty and integrity of the country. To the maximum, it may fall within the category of Section 196 B.N.S., which is triable by Magistrate. 7. Learned counsel for the applicant has further stated that the said video was accidentally shared by the nephew of the applicant who was playing nearby. The criminal history of one case assigned to the applicant stands explained. The applicant is languishing in jail since 11.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not Versus Counsel for Applicant(s) : Dileep Kumar Shukla, Mohit Singh Counsel for Opposite Party(s) : G.A. Jamat Ali .....Applicant(s) State of U.P. .....Opposite Party(s) misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Jamat Ali, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 10, 2025 (Ravi Kant) BAIL No. 21981 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad