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2025 DAILYLAW 70612 (ALL)

MAHFOOZ v. STATE OF U.P.

BAIL/23298/2025 · 2025-07-14

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114890 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23298 of 2025 Applicant :- Mahfooz Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Anuj Kumar Gupta, learned counsel for the applicant, Sri Raj Bahadur Verma, 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. 105 of 2025, u/s 319(2), 318(4), 338, 336(3), 340(2), 61(2)A BNS, P.S. Sambhal, District Sambhal, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that the applicant was not named in the F.I.R. and he has been falsely implicated. His name came in the statement of co-accused Danish who made allegation that applicant used to prepare forged GST receipt. It is further submitted that nothing has been recovered from the possession of the applicant. The applicant has been falsely implicated on account of statement of co-accused Danish, who is the owner of the vehicle. It has been further submitted that the co-accused Antu Alias Umar, has already been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.22267 of 2025 vide order dated 04.07.2025. The applicant is a law abiding citizen and he has no criminal history. He is languishing in jail since 23.5.2025. 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- Mahfooz, 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 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad