Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32725 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Gaurav Singh, learned counsel for the applicant and Shri Ajai Singh, learned AGA, for the State and perused the entire material available on record. This is a second bail application filed by the applicant. The first bail application filed by the present applicant, being Criminal Misc. Bail Application No. 8499 of 2025, was rejected by this Court vide order dated 04.04.2025, copy whereof has been brought on record as Annexure-1 to the bail application. The applicant- Mohammad Usman, has filed this second bail application seeking enlargement on bail in Crime No. 18 of 2025, under Section 8/21/29/60 of N.D.P.S. Act, Police Station-Nanauta, District-Saharanpur, 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 co- accused, who was owner of the i20 Car, namely Nawab @ Junaid has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 9976 of 2025, vide order dated 12.09.2025. The case is proceeding at snail's pace. There is no likelihood of early conclusion of trial. Without appreciation of evidence, applicant cannot be held to be Versus Counsel for Applicant(s) : Gaurav Singh Counsel for Opposite Party(s) : G.A. Mohammed Usman .....Applicant(s) State of U.P. .....Opposite Party(s)
guilty. Criminal history of three cases has been properly 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, but could not dispute the aforesaid facts. Considering all those 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, Mohammad Usman, 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 25, 2025 Deepak/ BAIL No. 32725 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad