Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 85921 (ALL)

MOHAMMAD AFZAL v. STATE OF U.P.

BAIL/27859/2025 · 2025-08-12

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:138485 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27859 of 2025 Applicant :- Mohammad Afzal Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zafar Yab Khan,Shahroze Khan 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 and perused the material brought on record. 2. Learned counsel for the applicant submits that the allegation against the applicant is that despite the fact that applicant's father is alive, the applicant with intention to grab the property got shown him as dead in Parivar Register and on the basis of said entry in Parivar Register the applicant moved an application under Section 34 of U.P. Land Revenue Code, 2006 seeking entry of his name in place of his father's name relating to the alleged property. Learned counsel further submits that though applicant attempted to mutate his name in the revenue records in place of his father's name though he is alive, but it is admitted case of the prosecution that no mutation was done in the name of applicant and till date the alleged property is in the name of complainant/ father of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 27.06.2025 with no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 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-Mohammad Afzal, be enlarged on bail in Criminal Complaint Case No. 2122 of 2021, under Sections 420, 467, 468, 471, 504, 506 I.P.C., Police Station- Itwa, District- Siddharth Nagar, 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 any 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 court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 13.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad