Mohd. Ashif vs State of U.P.

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Neutral Citation No. - 2025:AHC:56136

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4184 of 2025

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Applicant :- Mohd. Ashif

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Opposite Party :- State of U.P.

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Counsel for Applicant :- Manjur Mohammad Ansari,Mo Shadab,Mohd Haleem Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No. 129 of 2024 under sections 331(4), 305(A), 317 (2), 317(4) of BNS, Police Station - Khiri, Districtd - Prayagraj.

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Learned counsel appearing on behalf of the applicant/petitioner has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He is not named in the FIR. He has been arrested by the police on the information received from the informer. |After arresting the present applicant, the police has registered 7 cases against the applicant. Recovery of Rs. 57,300/- has been shown from the possession of the applicant. It is submitted that the recovery has been done without following the procedure prescribed under law.

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It is submitted that there are four previous criminal history against the applicant excluding seven cases, which have been registered by the police on the event of the arrest of the applicant, which has been explained in para nos. 13 and 17 of the affidavit filed in support of the present application. It is further submitted that co-accused Altamash and Avinash Kumar @ Pappu has already been enlarged on bail vide order dated 20.2.2025 passed by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 681 of 2025. He has fairly submitted that the applicant is previous criminal history, even he is claiming parity with the abovenamed co-accused. It is further submitted that there is no chance to conclude the trial in near future.

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It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. He is languishing in jail since 03.11.2024. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. It is also submitted that the applicant is 32 year old person and is permanent resident of the address mentioned in the application. There is no chance of fleeing him from the course of justice.

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Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application and on instructions submitted that there are previous criminal history of the applicant and he is an habitual offender and there are total 10 cases against him. However, he has denied the fact that 7 cases were registered on the same day on the event of the arrest of the applicant. Investigation has been completed and charge sheet has been filed on 15.12.2024. Since the applicant is involved in other cases of similar nature, therefore, he is not entitled for any linency by this Court. There is no merit in the application for granting bail as prayed by the applicant.

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Heard learned counsel for the applicant, learned AGA for the State, perused the FIR as well as the other material available on record.

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I have gone through the contents made in the application as well as the documents appended with the application and perused the affidavit. Taking into consideration all entirety of the matter as discussed above, I am included in grant bail to the applicant. The bail application is allowed.

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Let the applicant - Mohd. Ashif who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rupees Fifty thousand 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.

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(ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty

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of bail and proceed against him in accordance with law.

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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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Order Date :- 16.4.2025

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S.K.S.

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(Chandra Dhari Singh,J.)

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Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad

Mohd. Ashif v. State of U.P.

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Mohd. Ashif v. State of U.P.

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