Tabassum Vs State of U.P.

Neutral Citation No. - 2025:AHC:90835

Court No. - 88

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15085 of 2025

Applicant :- Tabassum Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Prakash Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ram Manohar Narayan Mishra,J.

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Heard Sri Irshad Mohammad, Advocate assisted by Sri R.P. Mishra, learned counsel for the applicant, learned A.G.A. and perused the record of the case.

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The present bail application has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No.33 of 2025, under Section 2/3 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station -Phugana, District- Muzaffarnagar, during pendency of the trial.

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Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in this case due to ulterior motive and he is languishing in jail since 19.04.2025. He next submitted that one case has been shown in the gang chart and in the said case, applicant has been granted bail by the Co-ordinate Bench of this Court, vide order dated 30.09.2024 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.9629 of 2024. He further submitted that accused applicant has no criminal history. He further submitted that co-accused Shadab Alias Aas Mohammad has been granted bail by this Court vide order dated 27.05.2025, Kumari Shahzadi has been granted bail by this Court vide order dated 27.05.2025, and Shabnam @ Rani has been granted bail by this Court vide order dated 27.05.2025 in the present case, who are the family members of the accused. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid facts.

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Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the

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provision of Section 19(4) of the Act and the fact that co-accused Shadab Alias Aas Mohammad has been granted bail by this Court vide order dated 27.05.2025, Kumari Shahzadi has been granted bail by this Court vide order dated 27.05.2025 in the present case, who are the family members of the accused, without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed.

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Let applicant, Tabassum be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-

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(i) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

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(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 27.5.2025 Ashish/-

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Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad

Tabassum v. State of U.P.

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