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2025 DAILYLAW 81725 (ALL)

MOHD. KALEEM v. STATE OF U.P.

BAIL/26640/2025 · 2025-09-08

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26640 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Supplementary affidavit filed in the Court today is taken on record. 2. Heard Shri Kamal Krishna, learned Sr. Counsel assisted by Sri Shyamal Kumar Prayagi, learned counsel for the applicant, Shri Kamlesh Kumar Tiwari, learned counsel assisted by Sri Sanjay Kumar Upadhyay, learned counsel for the first informant and Shri Punit Kumar Singh, learnedAGA for the State-respondents and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Mohd. Kaleem, seeking enlargement on bail in Case Crime No. 215 of 2024, under Sections 103(1), 61(2)ka of the Bharatiya Nyaya Sanhita, 2023, Police Station- Bhadohi, District- Bhadohi. 4. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 30.10.2024. Learned counsel for the applicant submits that similarly circumstanced co-accused, Saurabh Singh and Mohd. Faruq have already been enlarged on bail by co-ordinate Bench of this Court on 15.04.2025 and 29.04.2025 in Criminal Misc. Bail Applications No. 7062 of 2025 and 5664 of 2025, respectively, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. The applicant has criminal antecedent of 12 cases and the 11 out of 12 are duly explained in para no. 27 of the bail application and one is explained in para 3 of the supplementary affidavit and there is no likelihood Versus Counsel for Applicant(s) : Shyamal Kumar Prayagi, Sr. Advocate Counsel for Opposite Party(s) : G.A., Kamlesh Kumar Tiwari, Sanjay Kumar Upadhyay Mohd. Kaleem .....Applicant(s) State of U.P. .....Opposite Party(s) of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co-accused has already been granted bail by this Court. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Mohd. Kaleem, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 9, 2025 Anjali BAIL No. 26640 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad