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2025 DAILYLAW 70093 (ALL)

MOHAMMAD ALI ALIAS SHIBU v. STATE OF U.P. AND ANOTHER

BAIL/22994/2025 · 2025-07-10

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111320 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22994 of 2025 Applicant :- Mohammad Ali Alias Shibu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anjani Kumar Tripathi,Maruti Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Maruti Kr. Tripathi, learned counsel for the applicant, Sri Anish Kr. Upadhyay, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 119 of 2025, under Sections 192(2), 352, 109, 351(3) BNS, P.S. Tiwaripur, District Gorakhpur. 3. Contention of learned counsel for the applicant is that he was not named in the F.I.R., however, in the statement of the first informant/injured Vinod Kumar, general allegation has been made against all the accused for beating and no specific role has been assigned to the applicant. It is further submitted that the medical report of the injured shows that all the injuries are simple in nature. The applicant is a law abiding citizen and he has no criminal history. He is languishing in jail since 16.5.2025. 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- Mohammad Ali @ Shibu, 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 :- 11.7.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad