Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:115024 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22681 of 2025 Applicant :- Moseen Opposite Party :- State of U.P. Counsel for Applicant :- Farid Ahmad Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Mr Farid Ahmad, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the material available on record.
2. Applicant seeks bail in Case Crime No. 184 of 2025, under Sections 87, 137(2) of B.N.S., Police Station - Chandausi, District - Sambhal, during the pendency of trial.
3. Contention of the learned counsel for the applicant is that though the allegation in first information report against the applicant is that he has enticed away the daughter of the first informant but the victim in her statement recorded under Section 183 B.N.S.S categorically stated that she herself left her house and the applicant has not committed any indecent activity with her. The applicant is a law abiding citizen and is languishing in jail since 04.05.2025 having no criminal history. Charge has already been submitted against the applicant, therefore, there is no requirement of custodial interrogation. 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- Moseen, 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 :- 15.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad