Mobeen Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Mobeen Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of accused-applicant Mobeen on bail in Case Crime No. 59 of 2025 on execution of a personal bond and two reliable sureties each, to the satisfaction of the court concerned, subject to four conditions (non-tampering with evidence; abstention from criminal activity; non-intimidation of prosecution witnesses with cooperation in trial; regular attendance before the trial court), with liberty reserved to the court below to cancel bail on breach.

Issue for consideration

Whether accused-applicant Mobeen should be enlarged on bail in Case Crime No. 59 of 2025, Police Station Devband, District Saharanpur, prosecuted under Sections 3(5), 191(1), 190, 109(1), 103(1) and 115(2) BNS.

Court's answer

Weighing the nature of accusations, severity of punishment upon conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, the Court found a case for bail made out, expressly without commenting on the merits of the case.

Ratio / Principle

The bail application is allowed.

Key takeaways

The accused-applicant Mobeen is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to enumerated conditions (no tampering with evidence; no indulgence in criminal activity; no pressurising/intimidating prosecution witnesses and cooperation in the trial; regular appearance on every date fixed by the trial court unless exemption is granted).ratio¶7
Upon breach of any of the bail conditions, the court below is at liberty to proceed to cancel the bail.ratio¶8

Detailed headnote1 paragraphs

Bail granted — Mobeen, Case Crime No. 59 of 2025, P.S. Devband, District Saharanpur, booked under Sections 3(5), 191(1), 190, 109(1), 103(1) and 115(2) BNS; application moved under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Applicant in jail since 27.02.2025; counsel pleaded innocence and parity with co-accused Salman, already enlarged on bail by this Court's order(s) dated 01.07.2025 in Criminal Misc. Bail Application Nos. 19333 of 2025. Learned AGA opposed. Considering the nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and prima facie case — expressly without commenting on the merits — the Court held a case for bail was made out, allowed the application, and directed release on a personal bond with two reliable sureties each, subject to standard conditions, breach whereof empowers the court below to cancel bail.

Neutral Citation No. - 2025:AHC:137484

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18359 of 2025

Applicant :- Mobeen Opposite Party :- State of U.P. Counsel for Applicant :- Anjani Kumar,Mohd Zubair Khan Counsel for Opposite Party :- Brijesh Kumar Yadava,G.A.

Hon'ble Ashutosh Srivastava,J.

Heard learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Mobeen , seeking enlargement on bail in Case Crime No. 59 of 2025, under Sections 3 (5), 191 (1), 190, 109 (1), 103 (1), 115 (2), BNS, Police Station- Devband, District- Saharanpur.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 27.02.2025. It is submitted that similarly placed co-accused, Salman has already been enlarged on bail of by the Bench of this Court by orders dated 01.07.2025 passed in Criminal Misc. Bail Application Nos. 19333 of 2025, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Salman, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Learned AGA has vehemently opposed the prayer for bail.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Mobeen involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Order Date :- 12.8.2025 v.k.updh.

Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad