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2025 DAILYLAW 90772 (ALL)

MOHARRUM ALIAS RAHUL v. STATE OF U.P.

BAIL/30094/2025 · 2025-09-16

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30094 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Subhash Chandra Pandey, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 506 of 2025, under Sections 137(2), 87, 143(3), 96, 61(1) of BNS, Police Station - Pipraich, District - Gorakhpur, during the pendency of trial. 4. As per prosecution story, the allegation of rape has been levelled against the co-accused Mohan. The applicant is stated to have facilitated the said deal of selling the victim to co-accused Mohan. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The allegations are per se false. It is argued that the victim was travelled from Nichlaul to Rajasthan and has not raised any alarm whatsoever. 6. Learned counsel has also stated that the applicant has been falsely implicated in a police party firing case and a country made pistol has been recovered from the possession of the applicant. Versus Counsel for Applicant(s) : Sandeep Kumar Yadav, Subhash Chandra Pandey Counsel for Opposite Party(s) : G.A. Moharrum Alias Rahul .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned counsel has next contended that the applicant is languishing in jail since 13.07.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and without expressing any opinion on the merits of the case, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Moharrum Alias Rahul, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 17, 2025 Siddhant BAIL No. 30094 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad