HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28499 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. 1. Heard learned counsel for the applicant, Sri Faheem Ahmand learned counsel for the opposite party,learned A.G.A. and perused the record. 2. The applicant is involved in Case Crime No. 104 of 2026 under Sections -61(2), 319(2), 318(4), 338, 336(3), 340(2), 351(2) BNS Police Station -Chowk District -Varanasi. 3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that there is specific allegation against the co-accused Mohd. Jahangir, Alamgir, Mohd. Javed @ Chandu, Mohd. Arshad. It is also submitted that co-accused Jahangir has mutated his name in the revenue record of Nagar Nigam, Varanasi as Manager/ custodian (Mutwalli) in place of complainant. It is next submitted that the applicant is only the representative of the aforesaid committee. A civil suit being Civil Suit No.68/2016 is pending between the parties before the competent court. It is next submitted that the dispute is purely of civil nature but it has been given a criminal colour. There is criminal history of one case against the applicant, which has been explained in supplementary affidavit. The applicant is in jail since 28.06.2026. Therefore, the applicant is entitled for bail. Learned counsel for the applicant has further submitted that if the applicant is released on bail, the applicant would not misuse liberty of bail and is ready to co-operate in the trial. 4. Learned A.G.A. as well as learned counsel for the opposite party has Versus Counsel for Applicant(s) : Irshad Ahmad Counsel for Opposite Party(s) : Faheem Ahmad, G.A. Mohd Azam .....Applicant(s) State of U.P. .....Opposite Party(s) opposed the prayer for bail but he has not disputed the above contention made by the learned counsel for the accused-applicant. 5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Accordingly, the bail application is allowed. 6. Let applicant - Mohd Azam be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions, which are being imposed in the interest of justice:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 7. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 8. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 9, 2026 S.K. BAIL No. 28499 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad