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2025 DAILYLAW 82167 (ALL)

MUKIM PARVEZ v. STATE OF U.P.

BAIL/27261/2025 · 2025-09-22

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27261 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Shri Gaurav Kumar Srivastava, learned counsel for the applicant, Sri Abhay Mishra, learned counsel for the first informant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Mukim Parvez seeking enlargement on bail in Case Crime No. 0085 of 2025, under Sections 191 (2), 318 (4), 338, 336 (2), 340 (2), 352, 351 (2) and 111 (7) BNS, Police Station- Civil Lines, District-Moradabad. 3. 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 27.06.2025. He has criminal antecedent of 8 cases including the present case, which has been explained in para 2 of the supplementary affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that in the present case no role has been assigned to the applicant. The applicant is vendee and on 17.10.2020, he had agreed to purchase the land in question. He had no knowledge of the dispute over the land in question. It is further submitted that the dispute is civil in nature which has been given criminal colour. Neither the applicant prepared forged document nor cheated the complainant. The entire prosecution version is false and fabricated. Versus Counsel for Applicant(s) : Gaurav Kumar Srivastava, Shubham Counsel for Opposite Party(s) : Abhay Mishra, G.A. Mukim Parvez .....Applicant(s) State of U.P. .....Opposite Party(s) Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Mukim Parvez 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 8. 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 23, 2025 v.k.updh. BAIL No. 27261 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad