Momin Khan Vs State of U.P.

Neutral Citation No. - 2025:AHC:122683

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15792 of 2025

Applicant :- Momin Khan Opposite Party :- State of U.P. Counsel for Applicant :- Shivajee Singh Sisodiya Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised. Supplementary affidavit filed by learned counsel for the applicant today is taken on record.

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Heard Sri Shivajee Singh Sisodiya, learned counsel for the applicant and Sri Pranshu Kumar, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 79 of 2024, under Sections 498A, 323, 304-B IPC and Section 3/4 of D.P. Act, Police Station Visharatganj, District Bareilly, during the pendency of trial.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. It is next stated that PW-1 and PW-2 have been examined in the court during trial and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. It is next stated that PW-3 and PW-4 are the formal witnesses and two other witnesses have been discharged by the prosecution, as such there is no likelihood of conviction of the applicant in the present case.

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There is no criminal history of the applicant. The applicant is languishing in jail since 21.06.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that PW-1 and PW-2 have not supported the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed .

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Let the applicant- Momin Khan , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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iii) The applicant shall appear before the trial court on the date fixed.

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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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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 25.7.2025 Sumit S

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(Justice Krishan Pahal)

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

Momin Khan v. State of U.P.

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Momin Khan v. State of U.P.

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