Allowed

Mohd Ashif v. State of U.P.

Allahabad HC10 Feb 2025BAIL/4084/2025

Case brief

AI extract

What is this about?

Regular bail application under BNS theft-related provisions for recovery of cash and an anklet. Bail was granted on the ground of parity with the co-accused who had already been released on bail by a coordinate Bench.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, subject to conditions including no tampering with evidence and cooperation in trial.

Mohd Ashif vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:45871

¶2

Court No. - 67

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4084 of 2025

¶4

Applicant :- Mohd Ashif Opposite Party :- State of U.P. Counsel for Applicant :- Manjur Mohammad Ansari,Mo Shadab,Mohd Haleem

¶5

Counsel for Opposite Party :- G.A.

¶6

Hon'ble Deepak Verma,J.

¶7

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

¶8

The instant bail application has been filed on behalf of the applicant Mohd.Ashif with a prayer to release him on bail in Case Crime No.275 of 2024, under Sections 331(4), 305(A), 317(2), 317(4) B.N.S., P.S. Koraon, District Prayagraj during pendency of the trial.

¶9

It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. False recovery of Rs.57,300/- and an anklet (Payal) of yellow metal has been shown from the applicant. Learned counsel for the applicant next submitted that co-accused Avinash Kumar @ Puppu Pappu has been granted bail by the coordinate Bench of this Court by order dated 31.01.2025. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. Applicant has criminal history which has been explained in the affidavit of bail application. The applicant is languishing in jail since 03.11.2024 and in case he is enlarged on bail he will not misuse the liberty of bail.

¶10

Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the parity claimed by the applicant with coaccused.

¶11

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, the Court is of the view that the applicant has made out a case for bail on account of parity. The bail application is allowed.

¶12

Let the applicant Mohd.Ashif , who is involved in the aforesaid 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.

¶13

i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶14

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

¶15

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

¶16

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶17

Order Date :- 2.4.2025 SKD

¶18

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Mohd Ashif v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohd Ashif v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Saddam and 3 Others vs State of U.P. Though It Principal Secretary (Home)Lucknow and Another

Shiv Bhushan Pathak vs State of U.P. and Another

Sunil vs State of U.P. and Another

Vipin Yadav and Another vs State of U.P.

Kalu Singh vs State of U.P.

Ajay Kumar vs State of U.P. and Another