Rustam vs State of U.P.

Neutral Citation No. - 2025:AHC:32933

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7982 of 2025

Applicant :- Rustam Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Mohammad Belal, learned counsel for the applicant and Sri Vijay Kumar, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 13 of 2024, under Sections 147, 148, 149, 302, 427, 34 IPC, Police Station- Mau Aima, District- Prayagraj, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that applicant was not named in the FIR but during investigation, he has been made accused in the present matter along with co-accused Farmood Kamar and after considering entire facts of the case in detail, coaccused Farmood Kamar has been released on bail by this Court and his bail order has been annexed at page no. 58 of the paper book and on facts, case of applicant is at par with him.

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He further submitted that co-accused Afsaar was named in the FIR and as per prosecution, he was the person, who caused firearm injury to the deceased and he has also been released on bail by this Court and his bail order has been annexed at page no. 61 of the paper book and on facts, case of applicant is at better footing than him.

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He further submitted that however, apart from the present case, applicant was having criminal history of one another case but in that case, after investigation final report has been submitted.

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He further submitted that applicant is in jail in the present matter since 11.02.2025.

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Per contra, learned AGA however, opposed the prayer for bail

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but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the argument advanced by learned counsel for the applicant and the fact that two co-accused Farmood Kamar and Afsaar have already been released on bail by this Court and case of applicant is at par with co-accused Farmood Kamar and is even at better footing than co-accused Afsaar and at present, applicant is not having any criminal history, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Rustam be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 6.3.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Rustam v. State of U.P.

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