Nisar Ali and 2 Others vs State of U.P.

Neutral Citation No. - 2025:AHC:75269

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12422 of 2025

Applicant :- Nisar Ali And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Barmeshwar Nath Tiwari,Parijat Kumar Tiwari,Venu Gopal Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Venu Gopal, learned counsel for the applicants and Sri Pradeep Kumar, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicants on bail in Case Crime No. 217 of 2024, under Sections 191(2), 191(3), 190,109, 115(2), 352, 351(2), 324, 74, 331(6), 3(5), 103(2), 61(2) BNS, Police Station Shahi, District Bareilly, during pendency of the trial in the court below.

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Learned counsel for the applicants submitted that on the basis of false allegations, applicants have been roped in the present matter alongwith more than fifty accused persons and after considering entire facts of the case in detail number of co-accused persons have been released on bail by the different co-ordinate Benches of this Court.

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He further submitted that bail order of co-accused Israr Ahmad has been annexed at page-64 of the paper book who has been released on bail by the co-ordinate Bench of this Court and case of applicant is exactly at par with him.

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He further submitted that however, apart from the present case, applicants are having criminal history of one another case but that case relates to the incident of present case and their criminal history has been explained in the instant bail application.

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He further submitted that applicants are in jail in the present matter since 20.7.2024 i.e. for last more than nine months.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for

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the applicants.

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I have heard learned counsel for the parties and perused the record of the case.

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The present case appears to be the case of mob lynching and it appears more than 50 persons have been made accused in the present matter on the basis of general and omnibus allegations and number of accused persons including co-accused Israr Ahmad have been released on bail by the co-ordinate Bench of this Court and case of applicants is at par with them.

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Further, however, apart from the present case, applicants are having criminal history of one another case but their criminal antecendent of solitary case has been explained in the instant bail application and it reflects with regard to the incident of present case applicants have been made accused in that case.

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Further in the present matter, applicants are in jail for last more than nine months.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicants are entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicants- Nisar Ali, Riyasat and Irshad, 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 the court concerned with the following conditions:-

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(i) The applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted.

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(ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicants shall not indulge in any criminal and anti-social activity.

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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 applicants.

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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.

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Order Date :- 8.5.2025

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Nisar Ali and 2 Others v. State of U.P.

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Nisar Ali and 2 Others v. State of U.P.

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