Mushtaq v. State of U.P.
Case brief
What is this about?
Bail granted; Mushtaq; applicant; State of U.P.; Allahabad High Court; Court No. 65; Criminal Misc. Bail Application No. 17811 of 2025; decided October 27, 2025; Bharatiya Nyaya Sanhita (BNS) Sections 143(2), 64, 115(2), 351(2); Case/Crime No. 69/2025 (मु०अ०सं० 69/2025); PS Kotwali; district Pilibhit; hostile witness; prosecution witness No. 1/victim retraction at sessions-trial stage; PW-1 declared pakshadrohi/hostile; denial of rape by accuseds Salman, Mushtaq, Raju; testimony without pressure or inducement; counsel for applicant Jitendra Kumar Yadav; G.A. for State; no solid contradictory material; no likelihood of tampering; personal bond; two local sureties; adequate amount; five bail conditions; cancellation of bail on breach; in custody since 21.02.2025.
What did the court decide?
Regular bail granted to applicant Mushtaq (Case/Crime No. 69/2025, Ss. 143(2), 64, 115(2), 351(2) Bharatiya Nyaya Sanhita, PS Kotwali, distt. Pilibhit) on furnishing a personal bond and two local sureties of adequate amount to the satisfaction of the court concerned, expressly without commenting on the merits of the case, subject to five conditions: (i) no tampering with prosecution evidence during investigation or trial; (ii) no intimidating/threatening prosecution witnesses or the victim/complainant; (iii) compliance with court orders, appearance on fixed dates without unnecessary delay, and honest cooperation in the trial; (iv) no misuse of bail liberty and no indulgence in any criminal activity or criminal act; (v) no inducement, threat or promise, directly or indirectly, to any person acquainted with the case facts or to police officials so as to dissuade them from disclosing facts to the court. Breach of any condition empowers the trial court to cancel the bail as per procedure.