Mohammad Irshad vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 40797 of 2025

Mohammad Irshad

.....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Manvendra Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 69

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 248 of 2025, under Sections 119(2), 191(3), 109, 115(2), 352, 117(2) B.N.S., P.S. Bhuta, District Bareilly.

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Contention of learned counsel for the applicant is that as per the F.I.R., general allegation has been made against six known persons and two unknown persons for causing injury to the injured Zahid. It is further submitted that all the injuries, though grievous, were on non-vital parts. It is further submitted that the applicant has been falsely implicated merely because he is brother of the wife of injured Zahid with whom the injured Zahid is having matrimonial dispute. It is further submitted that co-accused Mo. Rafi @ Irfan and Mubarak Shah have already been released on bail by this Court in Bail Application Nos. 37065 of 2025 and 36584 of 2025, respectively. Therefore, the applicant is also entitled to be released on bail on the ground of parity with the co-accused person. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. Applicant has no criminal history and he is languishing in jail since 13.7.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the investigation/trial proceedings.

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On the other hand, learned A.G.A. for the State opposed the prayer for

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BAIL No. 40797 of 2025

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bail, but he could not dispute the aforesaid fact.

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Thus, 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, this court is of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity with the co-accused.

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Let the applicant- Mohammad Irshad , involved in the aforementioned 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, with the following conditions:-

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i. 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.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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The applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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It is further directed that the trial court shall send the release order to the

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BAIL No. 40797 of 2025

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concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

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Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023; гeported in (2024) 10 SCC 685.

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(Arun Kumar Singh Deshwal,J.)

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November 19, 2025

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Vandana

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Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad

Mohammad Irshad v. State of U.P.

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Mohammad Irshad v. State of U.P.

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