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2056 DAILYLAW 1 (UTT)

MOHAMMAD AASIF v. STATE OF UTTARAKHAND

BA1/2056/2025 · 2026-04-20

Alok Mahra

body2056

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 2056 of 2025 Hon’ble Alok Mahra, J. Mr. Azmeen, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. This first bail application has been moved by the applicant – Mohammad Aasif, seeking regular bail in Case Crime/F.I.R. No. 216 of 2025, under Sections 190, 191(2), 191(3), 103(1) and 238 of BNS, registered at Police Station Ramnagar, District Nainital. 4. Heard learned counsel for the parties and perused the material available on record. 5. Learned counsel for the applicant submits that applicant is not named in the FIR, nor was he present at the time of alleged incident; that nothing has been recovered from the possession or from pointing out of the present applicant; that the applicant is languishing in jail since 16.06.2025 and that the co-accused, having similar role, has already been enlarged on bail by this Court in BA1 No. 1721 of 2025 vide order dated 16.04.2026. 6. Learned counsel for the applicant further submits that it is a case of parity and in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court. 7. Learned State Counsel admits the fact that the co-accused, having similar role, has already been enlarged on bail by this Court. 8. Considering the submission of learned counsel for the parties and also considering the fact that the applicant is not named in the FIR and the co-accused, having similar role, has already been granted bail by this Court, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. 9. The bail application is allowed. 10. Let the applicant be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, subject the following conditions:- i) The applicant shall attend the trial Court regularly, and, he will not seek any unnecessary adjournment. ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case. iii) The applicant shall not leave India without any prior permission of the trial Court. 11. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution will be free to move the court for cancellation of bail. (Alok Mahra J.) 20.04.2026 Ujjwal