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2025 DAILYLAW 82767 (ALL)

MUSLIM v. STATE OF U.P.

BAIL/26932/2025 · 2025-09-14

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26932 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Mohd. Aadil Siddiqui, learned counsel for the applicant, Shri Imtiyaz Husain, learned counsel for the first informant and Shri Manoj Kumar Singh, learned A.G.A. for the State-respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Muslim, seeking enlargement on bail in Case Crime No. 532 of 2025, under sections-115 (2), 191 (2), 352, 105 of B.N.S., Police Station-Majhola, District-Moradabad. 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 10.06.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Mukhtiyar Urf Mukhiya, has already been enlarged on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 29478 of 2025 vide order dated 04.09.2025. Applicant has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 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 a coordinate Bench of this Court. 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. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Mohd Aadil Siddiqui Counsel for Opposite Party(s) : G.A., Imtiaz Husain Muslim .....Applicant(s) State of U.P. .....Opposite Party(s) Let the accused-applicant, Muslim, 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. 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 15, 2025 Deepak/ BAIL No. 26932 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad