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2025 DAILYLAW 85784 (ALL)

MUSTAQ v. STATE OF U.P.

BAIL/29007/2025 · 2025-09-22

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29007 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard Shri Shivajee Singh Sisodiya, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State and perused the record. This is the second bail application filed by the applicant. The first bail application filed by the present applicant has been rejected by this Court by means of a detailed order dated 6.2.2025 passed in Criminal Misc. Bail Application No. 40397 of 2024 (Mustaq Vs. State of U.P.), a copy of which has been brought on record as Annexure-1 to the bail application. The applicant- Mustaq, has filed this second bail application with a prayer to enlarge him on bail in Crime No. 319 of 2024, under Sections 8/21/29 of NDPS Act, Police Station Wazirganj, District Budaun during the pendency of the trial. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Apart from the above, learned counsel for the applicant submits that charges in this case was framed on 13.12.2024. There are 13 prosecution witnesses, but till date, even a single witness has not been examined by the Trial Court. Case is proceeding at a snail's pace. He has been falsely implicated in this Versus Counsel for Applicant(s) : Shivajee Singh Sisodiya Counsel for Opposite Party(s) : G.A. Mustaq .....Applicant(s) State of U.P. .....Opposite Party(s) very case crime number and is languishing in jail since 28.8.2024. He has two cases of criminal antecedent, which have sufficiently been explained 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. Learned AGA has vehemently opposed the prayer for bail. 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. Let the accused-applicant, Mustaq, 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 23, 2025 Ravi Prakash BAIL No. 29007 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad