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2025 DAILYLAW 75075 (ALL)

MOHD. SUFIYAN v. STATE OF U.P.

BAIL/24399/2025 · 2025-07-31

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129478 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24399 of 2025 Applicant :- Mohd. Sufiyan Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Mishra Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant- accused Mohd. Sufiyan for the offence punishable under Sections 191(2), 191(3), 190, 109(1), 121(2), 132, 223B and 117(2) of B.N.S., Section 7 of Criminal Law Amendment Act in Case Crime No. 304 of 2024, Police Station- Nakhasa, District Sambhal. 2. Mr. Abhay Mishra, learned advocate, appears on behalf of applicant and submits that accused-applicant has been falsely implicated in the present case. He further submits that the accused- applicant is not named in the FIR. The FIR has been registered against 100-150 unknown accused persons for breaching of peace and damage to public property. The name of accused-applicant has figured up in the statement of co-accused. No specific role has been assigned to the accused-applicant. Learned counsel for the accused-applicant next submitted that no recovery has been made from the possession of accused-applicant. The charge sheet has been submitted in the matter. The accused-applicant is in jail since 08.12.2024. 3. Per contra, Sri Rupak Chaubey, learned AGA-Ist opposed the prayer for bail and submits that the charge sheet has been submitted against the accused-applicant. Though concedes that other co-accused have been granted bail by the coordinate Bench of this Court. 4. Taken into consideration the rival submissions made by the parties and perused the record. 5. The perusal of the record reveals that the accused is not named in the FIR. The police has registered the FIR against 100-150 unknown accused persons for the breach of public peace, damage to public property, hurt caused to the police personnel and also for snatching the magazines and pallets from the possession of the police personnel. No recovery has been made from the possession of the accused-applicant. No specific role is assigned to the accused. The alleged offence is committed by mob, when a survey team went to inspect a Mosque. The charge sheet has been submitted in the matter. Without touching the merit of the case, this bail application is allowed. 6. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 1.8.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad