Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26290 of 2025 Court No. - 69 HON'BLE AVNISH SAXENA, J.
1. Heard Sri Deepak Kumar Tripathi, learned counsel for the accused- applicant, Sri Ram Vilas Yadav, learned counsel for the informant and learned A.G.A. for the State. 2. The present bail application has been moved by the accused-applicant Noor Mohammad to enlarge him on bail in Case Crime No. 845 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2), 316(2), 131, 352, 61(2) BNS, P.S.- Chiluatal, District- Gorakhpur, during the pendency of trial. 3. It is contended by learned counsel for the accused-applicant that the accused-applicant has been implicated in F.I.R. dated 10.11.2024 lodged by Chandra Shekhar, the informant with the allegation against six persons including the accused-applicant that the accused persons had taken Rs.12 lakhs and duped him on the pretext that they will provide a contract for erecting tower of Airtel. Further contended that Rs.7 lakhs has been paid to the applicant through UPI and Rs. 5 lakhs as cash. Further contended that it was merely a business transaction, for which, the money was accepted. The applicant has returned Rs.6,54,000/- in the account of the informant and for the remaining Rs.5 lakhs, there was a cheque issued by the applicant in favour of the informant's wife, which was dishonoured and the case under Section 138 N.I. Act is pending. The applicant has not cheated the informant, but the allegation is of handing over of bribe for getting erected the Airtel tower. The applicant has 14 cases criminal Versus Counsel for Applicant(s) : Deepak Kumar Tripathi, Hari Narayan Singh, Pramod Kumar Sahani Counsel for Opposite Party(s) : G.A., Ram Bilas Yadav Noor Mohammad .....Applicant(s) State of U.P. .....Opposite Party(s)
history, in 9 cases, he is on bail, one case has ended in compromise and in four cases, he is in jail. The charge sheet is submitted. The trial is still at the nascent stage. The applicant is in jail since 26.08.2024 and hence, the applicant seeks to be released on bail. 4. Learned counsel for the informant and learned A.G.A. for State have opposed the prayer for bail of the applicant, but could not dispute the aforesaid facts. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6.
Considered that the money has been transacted for getting erected the Airtel tower. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 29, 2026 Shivangi BAIL No. 26290 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad