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2025 DAILYLAW 73143 (ALL)

MOHD. ASIF ALI v. STATE OF U.P.

BAIL/24384/2025 · 2025-07-15

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114318 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24384 of 2025 Applicant :- Mohd. Asif Ali Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Kant Tripathi,Vimal Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vimal Kumar Pandey, learned counsel for the applicant, Sri Santosh Kumar Singh, learned counsel for the informant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.170 of 2024, under Sections 323, 304B, 498A, 506 I.P.C. and 3/4 D.P. Act, Police Station Jajmau, District Kanpur Nagar, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about seven months and there is no explanation of the said delay caused. The informant is the panch witness no.1 in the inquest proceedings, as such, it is a clear-cut case of false implication. 5. Learned counsel for the applicant has further stated that the cause of death is asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 06.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the fact that the informant is panch witness no.1 in the inquest proceedings, 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. 8. Let the applicant- Mohd. Asif 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. Order Date :- 16.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad