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2025 DAILYLAW 82924 (ALL)

JISHAN MALIK v. State of U.P.

BAIL/29277/2024 · 2025-04-28

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67063 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29277 of 2024 Applicant :- Jishan Malik Opposite Party :- State of U.P. Counsel for Applicant :- Azaz Ahmad Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as perused the material brought on record. 2. Learned counsel for the applicant submits that in the instant case, initially the applicant was granted bail in the year 2014, and he was continuously appearing before the trial court, but during Pandemic Covid-19 neither the applicant nor his counsel appeared before the trial court, on account of which non-bailable warrants were issued against him. Learned counsel further submits that thereafter applicant surrendered before the court concerned on 06.06.2024 and he was sent to jail and since then he is languishing in jail. He further submits that the applicant had not deliberately absconded from the judicial proceedings and undertakes that he shall not repeat the same in future. Lastly, it was submitted that the applicant is in judicial custody since 06.06.2024, and in case, applicant is enlarged on bail, he will not misuse the liberty of bail. 3. Learned A.G.A. has opposed the prayer for bail. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant- Jishan Malik, be enlarged on bail in Case Crime No. 1167 of 2013, under Sections 393, 394, 395, 397, 411 I.P.C., Police Station- Kavi Nagar, District- Ghaziabad, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. Order Date :- 29.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad