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Neutral Citation No. - 2025:AHC:23926 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1529 of 2025 Applicant :- Munazir Husain Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar,Ravi Shankar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Mahesh Kumar, learned counsel for the applicant and Sri S.B. Maurya, learned AGA for the State.
2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.05 of 2024, under Sections 420, 467, 468, 471, 120-B, 34 IPC & Sections 66-C, 66-D I.T. Act, Police Station Cyber Crime, District Kanpur Nagar, during pendency of the trial.
3. Learned counsel for the applicant submits, FIR of the present case was lodged against unknown persons and during investigation applicant has been made accused in the present matter along with several others including co-accused Lalit Kashyap, Mohd Yaseen, Vinay Prakash Dixit, Udit Mishra, Ankit Mishra, Mastan Hussain and Arzan Alias Tanzeem and all the above co-accused persons have already been released on bail by this court and their bail orders have been annexed as Annexure-5 to the affidavit and on
facts the case of applicant is at par with them. 4. He further submits, applicant was not having any previous criminal history but subsequently he was made accused in one another case but in that case he has already been released on bail
5. He next submits, in the present matter applicant is in jail since 02.12.2024 and all the alleged offences are triable by Magistrate-I Class. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the
record of the case. 8. Considering the argument advanced by learned counsel for the applicant and the fact that during investigation applicant has been made accused in the present matter along with several others and number of other similarly placed co-accused persons have already been released on bail by this court and his criminal history has been explained in the instant bail application and all the alleged offences are triable by Magistrate-I Class and in the present matter applicant is in jail since 02.12.2024, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant -Munazir Husain be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 12.
It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 19.2.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad