Mudassir Vs State of U.P. and 3 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 31257 of 2025

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Mudassir

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.....Applicant(s)

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Versus
State Of U.P. And 3 Others .....Opposite Party(s)
Counsel for Applicant(s) : Azizur Rahman Khan
Counsel for Opposite Party(s) : G.A.

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Court No. - 67

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HON'BLE KRISHAN PAHAL, J.

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List has been revised. As informed by learned A.G.A., notice to the informant has been served on 08.09.2025 but none is present on behalf of the informant even in the revised call.

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Heard Sri Azizur Rahman Khan, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 342 of 2025, under Sections 74, 137(2) and 351(2) of BNS and Section 7/8 of POCSO Act, Police Station Saurikh, District Kannauj, 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.

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Learned counsel has next stated that the applicant has been assigned the role of having driven the said car in which the victim was abducted. The applicant is not named in the FIR. His name has come up subsequently in the statement of the victim recorded under section 183 BNSS whereby no allegation of assault or having harassed the victim has been allayed against the applicant, as such the applicant is entitled for bail.

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There is no criminal history of the applicant. The applicant is languishing in jail since 19.08.2025 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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BAIL No. 31257 of 2025

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2

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Learned A.G.A. has vehemently opposed the bail application.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the fact that the applicant is not named in the FIR and also taking into account the statement of the victim recorded under section 183 BNSS, 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 applicant- Mudassir , 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.

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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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(Krishan Pahal,J.)

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September 22, 2025 Sumit S

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

Mudassir v. State of U.P. and 3 Others

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Mudassir v. State of U.P. and 3 Others

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