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2025 DAILYLAW 99796 (ALL)

JUBAIR v. STATE OF U.P.

BAIL/32900/2025 · 2025-10-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32900 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Ray Sahab Yadav, learned counsel for the applicant, Sri Alok Sharma, learned A.G.A. for the State and Sri Mohd. Asif, learned counsel for the informant and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 319 of 2025, under Sections 191(2), 191(3), 109(1), 351(3), 352, and 190 of B.N.S., Police Station- Akrabad, District Aligarh. 3. Contention of learned counsel for the applicant is that though allegation in the FIR is that general role has been assigned to all the accused persons including the present applicant for firing on the injured Mohd Arif but in the statement under Section 180 BNSS, injured Mohd. Arif made a specific allegation of causing fire arm injury against Hasan Gayas and Amir Gyas and no allegation of causing fire arm injury has been made against the applicant and he has been falsely implicated. He also added that the applicant has no criminal history and he is languishing in jail since 10.07.2025. Since charge sheet has already been submitted by the police, custodial interrogation is no longer required, hence, he is entitled to be enlarged on bail. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. for the State and learned counsel for the informant vehemently opposed the prayer for bail but could not dispute the fact that specific role of causing fire arm injury has not been assigned to the Versus Counsel for Applicant(s) : Ray Sahab Yadav, Suresh Kumar Yadav Counsel for Opposite Party(s) : Ambreen Masroor, Ayub Khan, G.A., M. Asif, Sadrul Islam Jafri Jubair .....Applicant(s) State of U.P. .....Opposite Party(s) present applicant. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Jubair involved in the aforementioned 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, with the following conditions:- i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 8, 2025 Imtiyaz BAIL No. 32900 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad