Allahabad High Court

BAIL/24193/2026 of MUJAYYAN Vs STATE OF U.P. on 28 September 2026

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JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24193 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant and learned AGA for the State and perused the record of the case. The instant

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24193 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant and learned AGA for the State and perused the record of the case. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 206 of 2026, under Sections 318(4), 319(2), 351(2), 338, 3(5) BNS, Police Station Kotwali Dehat, District Saharanpur, during pendency of the trial in the court concerned. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive. It is submitted that the FIR was initially lodged by the informant, Saleem, against three named persons, including the present applicant. It is further submitted that, as per the agreement executed by co-accused Asif, the said agreement was executed in favour of the informant and the applicant. Thus, the applicant himself is also a victim of the said transaction. No amount was received by the applicant, nor was any transaction made in his favour. It is next submitted that the applicant has no concern with the allegations levelled against him and has not committed any offence as alleged by the prosecution. The criminal history of the applicant has been duly explained in paragraph 19 of the instant bail application. The applicant has been languishing in jail since 01.06.2026. It is further submitted that the applicant undertakes that, in Versus Counsel for Applicant(s) : Farooq Qamar Khan, Mihir Ghosh Roy, Mohammad Belal Counsel for Opposite Party(s) : G.A. Mujayyan .....Applicant(s) State of U.P. .....Opposite Party(s)

the event of being enlarged on bail, he shall not misuse the liberty of bail and shall cooperate with the trial. It has also been submitted that, in view of the heavy pendency of cases before the Court, there is no likelihood of the trial being concluded in the near future. The prayer for bail has been vehemently opposed by learned A.G.A. Considering the facts and circumstances of the case, perusing the record, evidence and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. Let applicant, Mujayyan be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

(i) . The applicant will not tamper with the evidence during the trial.

(ii) . The applicant will not pressurize/ intimidate the prosecution witness.

(iii) . The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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

(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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. BAIL No. 24193 of 2026

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. 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. September 29, 2026 Brijesh BAIL No. 24193 of 2026

(Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad

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