HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28748 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Muhammad Azam, learned counsel for the applicant as well as Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.89 of 2025, under Sections 143(4), 351(2) B.N.S., Police Station- Parsamalik, District- Maharajganj, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The applicant is not named in the FIR and his name has come up subsequently in the statements of victim recorded U/s 180 & 183 B.N.S.S., whereby the applicant is stated to have met the victim at border and had stated that he has been instructed by Mahibul Nisha to take her to Nepal, whereby on seeing the police team he is stated to have run away from there. 5. Learned counsel for the applicant has further stated that there is no test identification parade conducted as per Section 7 of Bharatiya Sakshya Adhiniyam to corroborate the prosecution story. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 30.7.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Muhammad Azam Counsel for Opposite Party(s) : G.A. Mohammad Naushad .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. Per contra, learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that applicant is not named in the FIR and there being no test identification parade, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Mohammad Naushad, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 12, 2025 Vikas Verma BAIL No. 28748 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad