Mehraj vs State of U.P.

Neutral Citation No. - 2025:AHC:57826

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12714 of 2025

Applicant :- Mehraj Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Vivek Kumar Singh, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.651 of 2024, under Sections 191(2), 191(3), 190, 103(1), 333, 352, 351(2) & 3(5) B.N.S., Police Station-Sardhana, District-Meerut, during pendency of the trial in the court below.

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FIR of the present case was lodged on 01.12.2024 against four named (non applicant) and five unknown persons and according to FIR, on 01.12.2024 at about 07.00 p.m. in the evening when informant was in his home, then named accused persons along with their five associates entered in his house and asked about Sahil and started firing and due to fire opened by them, Afiya sustained firearm injury on her chest and died.

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Learned counsel for the applicant submitted that applicant was not named in the FIR, but during investigation he has been made accused through the statement of co-accused Masroof. He further submits, however name of the applicant has also been disclosed by witness Sohail but according to him co-accused Masroof caused fire arm injury to the deceased. It is next submitted that as per postmortem report deceased sustained only fire arm injury.

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He further submitted that after considering entire facts of the case in detail, co-accused Irshad has been released on bail by this Court today i.e. 18.04.2025 passed in Criminal Misc. Bail Application No.12624 of 2025 (Irshad Vs. State of U.P.) and on facts, case of applicant is at par with him.

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He further submitted that applicant is not having any criminal

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history and he is in jail in the present matter since 01.02.2025.

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Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant including the fact that co-accused Irshad has been enlarged on bail after considering entire facts of the case and on facts, case of applicant is at par with him.

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

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Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Irshad has been released on bail by this Court and applicant is not having any criminal history and he is in jail in the present matter since 01.02.2025, in my view applicant is 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 applicant-Mehraj 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 applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant 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 applicant.

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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 :- 18.4.2025 Anurag/-

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Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad

Mehraj v. State of U.P.

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Mehraj v. State of U.P.

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