Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:112197 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23947 of 2025 Applicant :- Mohd. Jainul Opposite Party :- State of U.P. Counsel for Applicant :- Farhan Khan Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Mr Farhan Khan, learned counsel for the applicant and Sri Rajiv Kumar Sonkar, learned State Law Officer and perused the material available on record.
2. Applicant seeks bail in Case Crime No. 35 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(2) of B.N.S., Police Station - Khuldabad, District - Prayagraj, during the pendency of trial.
3. Learned counsel for the applicant submitted that applicant was not named in the first information report nor his name surfaced in the statement of co-accused. He was subsequently arrested by the police only because his son Akbar was named accused in the first information report by showing recovery of Rs. 5000/- from the possession of the applicant. The applicant is a law abiding citizen and is languishing in jail since 07.06.2025 having no criminal history. In case, they are granted bail, they 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- Mohd. Jainul, 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 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad