Allowed¶17

Mohd Jubair v. State of U.P.

Allahabad HC18 Nov 2025BAIL/39451/2025

Case brief

AI extract

What is this about?

Bail allowed — Allahabad HC, Nalin Kumar Srivastava, J., 18.11.2025; CRIMINAL MISC. BAIL APPLICATION No. 39451 of 2025; applicant Mohd Jubair; State of U.P.; Arms Act Sections 3/5/25 (earlier bail, order dt. 10.11.2025 in Bail Appln. No. 36566 of 2025) and added Section 25(8) Arms Act; Case Crime No. 379 of 2025, P.S. Brahmpuri, District Meerut; custody since 30.08.2025; parity with co-accused Naved (bail dt. 6.10.2025 in Cr. Misc. Bail Appln. No. 33692 of 2025); Dataram Singh vs. State of U.P., (2018) 3 SCC 22 relied on; personal bond plus two heavy sureties, conditions imposed, cancellation permissible on breach; counsel Gagan Pratap Singh for applicant, G.A. for State.

What did the court decide?

Applicant Mohd Jubair to be released on bail in Case Crime No. 379 of 2025, under Sections 25(8) Arms Act, Police Station Brahmpuri, District Meerut, on furnishing a personal bond and two heavy sureties each in the like amount, subject to conditions (no tampering with evidence, no pressurising/intimidating prosecution witnesses, appearance on fixed dates, no similar offences, no inducement/threat/promise to dissuade disclosure), with sureties verified before release order.

2. It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed any offence. Alleged offences are not made out against the applicant. Allegations made in the FIR are false. It is also submitted that vide order dated 10.11.2025 passed in Criminal Misc. Bail Application No. 36566 of 2025 the applicant was granted bail by this Court in the same case crime number for the offence under Sections 3/5/25 Arms Act but during investigation Section 25(8) Arms Act has been added in this matter, therefore, the applicant has filed the present bail application seeking bail in the said added sections. It is further submitted that co- accused Naved has been granted bail by co-ordinate Bench of this Court in Cr. Misc. Bail Application No. 33692 of 2025 by order dated 6.10.2025. Applicant is languishing in jail since 30.08.2025 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

4. From a perusal of the record, it appears that the applicant was granted bail by this Court vide order dated 10.11.2025 passed in Criminal Misc. Bail Application No. 36566 of 2025 in the same case crime number for the

offence under Sections 3/5/25 Arms Act and now he has moved the present bail application for bail in the added sections. Hence, keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22, 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.

5. Let the applicant Mohd. Jubair involved in Case Crime No.379 of 2025, under Sections 25(8) Arms Act, Police Station Brahmpuri, District Meerut be released on bail on furnishing a personal bond and two heavy 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.

v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Mohd Jubair v. State of U.P.

Case brief

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Mohd Jubair v. State of U.P.

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