Mahfooz Alam vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Mahfooz Alam vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed; applicant Mahfooz Alam to be released on bail on a personal bond with two local sureties of the like amount, subject to the five conditions enumerated in the order, with liberty to the informant to seek cancellation on default of any condition.

Issue for consideration

Whether applicant Mahfooz Alam, accused in Case Crime No. 239 of 2024 (Sections 109(1), 115(2), 352, 351(3) B.N.S., P.S. Khampar, District Deoria), should be enlarged on bail; contested by the State on the ground that innocence cannot be adjudged at the pre-trial stage.

Court's answer

Taking an overall view of all the facts and circumstances, the nature of the evidence, and the absence of any convincing material to indicate the possibility of tampering with the evidence, and expressly without expressing any opinion on the merits of the case, the Court was of the view that the applicant may be enlarged on bail.

Ratio / Principle

The Court decided that the applicant may be enlarged on bail notwithstanding the State's objection that innocence cannot be adjudged at the pre-trial stage.

Key takeaways

The applicant is to be released on bail on furnishing a personal bond and two local sureties each of the like amount, subject to five enumerated conditions (no tampering with prosecution evidence; no threatening or harassing of prosecution witnesses; appearance on dates fixed by the trial court; no commission of similar offences; no inducement, threat or promise to dissuade disclosure or tamper with evidence); in case of default of any condition, the informant is free to move for cancellation of bail before this Court.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Dr. Gautam Chowdhary, J.), Criminal Misc. Bail Application No. 5322 of 2025, decided 22.4.2025 (Order Date): bail allowed to applicant Mahfooz Alam, accused in Case Crime No. 239 of 2024 under Sections 109(1), 115(2), 352 and 351(3) of the B.N.S., Police Station Khampar, District Deoria, who had been in custody since 27.11.2024. Counsel argued that the author of the injury was unknown, only a general role was assigned to all accused persons, the applicant had been falsely implicated out of ulterior motive and had no criminal history; the A.G.A. opposed bail contending innocence cannot be adjudged at the pre-trial stage. Taking an overall view of the facts, the nature of the evidence and the absence of any convincing material indicating possible tampering, and expressly without expressing any opinion on the merits, the Court enlarged the applicant on bail on a personal bond and two local sureties of the like amount, imposing conditions against tampering, harassment of witnesses, non-appearance and commission of similar offences, with default entitling the informant to move for cancellation before the Court.

Neutral Citation No. - 2025:AHC:59523

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5322 of 2025

Applicant :- Mahfooz Alam Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

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

Learned counsel for the applicant submits that the author of the injury is not known however, general role has been assigned to all the accused persons including the applicant. Learned counsel further submits perusal of the statement of the injured also goes to show that general role has been assigned to all the accused persons including the applicant. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel next argued that the applicant has no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 27.11.2024

Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on

merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

Let applicant Mahfooz Alam involved in Case Crime No.239 of 2024 under Sections 109 (1), 115 (2), 352, 351 (3) of B.N.S., Police Station Khampar, District Deoria, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses.

iii) The applicant shall appear on the date fixed by the trial court.

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court.

The bail application is allowed.

Order Date :- 22.4.2025

S.Ali

Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad