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2026 DAILYLAW 2616 (ALL)

CHAND MOHAMMAD v. STATE OF U.P.

BAIL/12634/2026 · 2026-05-06

Ashutosh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12634 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Ramesh Chandra Yadav, learned counsel for the applicant, Shri Ajay Kumar Singh, learned AGA for the State, Shri S. S. Pandey, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Chand Mohammad, seeking enlargement on bail in Case Crime No. 196 of 2025, under Sections 191 (2), 191 (3), 333, 109 (1), 351 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Badalpur, District Gautam Budh Nagar during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 22.1.2026. Learned counsel for the applicant submits that in the FIR general allegations have been levelled against the applicant. No specific role has been assigned against the applicant. Allegations of assault have been assigned to co-accused Anas and Khurshid and role of applicant is clearly distinguishable from co-accused Anas and Khurshid. Applicant has no criminal antecedent 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 as well as learned counsel for the first informant have vehemently opposed the prayer for bail. Versus Counsel for Applicant(s) : Ajay Yadav, Ramesh Chandra Yadav Counsel for Opposite Party(s) : G.A., Shyam Shanker Pandey Chand Mohammad .....Applicant(s) State of U.P. .....Opposite Party(s) Considering all above 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, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Chand Mohammad, 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. May 7, 2026 Ravi Prakash BAIL No. 12634 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad