Allowed

Azhar Mobin and Another v. State of U.P.

Allahabad HC18 Mar 2025BAIL/1655/2025

Case brief

AI extract

What is this about?

This single-bench criminal bail application sought release for Azhar Mobin and Mohammad Masood Alam charged with offences under Sections 317(2) and 317(5) B.N.S. The High Court allowed bail, relying on parity grounds and absence of adverse circumstances, directing registration of sureties.

What did the court decide?

The applicants were released on bail by furnishing a personal bond and two sureties each, subject to conditions regarding tampering with witnesses, cooperation, and abstaining from crime.

Azhar Mobin and Another vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:38375

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1655 of 2025

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Applicant :- Azhar Mobin And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.277 of 2024, under Sections 317 (2), 317(5) B.N.S., P.S. G.R.P. Gorakhpur, District Gorakhpur, during pendency of trial.

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It is submitted by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case. He next argued that identically placed co-accused, namely, Pappu Ansari has been granted bail by this Court vide order dated 17.03.2025 passed in Criminal Misc. Bail Application No. 3081 of 2025. He further submits that since the role of the applicants are not distinguishable with the role of co-accused, therefore, the applicants are also entitled to be enlarged on bail on the ground of parity. The applicants have no criminal history. They are languishing in jail since 30.10.2024. In case, they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the facts narrated by counsel for the applicants.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicants, Azhar Mobin and Mohammad Masood Alam be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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 :- 18.3.2025 Meenu Singh

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

Azhar Mobin and Another v. State of U.P.

Case brief

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Azhar Mobin and Another v. State of U.P.

Case brief

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