BAIL/33874/2025 of IRSHAD ALIAS MULLI Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33874 of 2025 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Abhishek Pandey and Sri Praveen Singh, learned counsel for the applicant, Sri B.P. Singh, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 130 of 2025 under Sections 191(2), 191(3), 190, 109, 333, 118(1), 352, 351(2) BNS and 4/5 Arms Act registered at Police Station Jansath, District Muzaffarnagar during pendency of the trial. 3. It has been argued by learned counsel for the applicant that four accused persons have been assigned general role of assault by sharp-edged weapon on the first informant and his father, however, the injured Rajesh Saini has assigned specific role of assault by sharp-edged weapon to the applicant. It is further submitted that none of the injuries of the injured Shivam and Rajesh Saini have been found to be dangerous to life. It is further submitted that applicant is languishing in jail since 02.7.2025 and he undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and submits that two injured persons have received injury of two incised wounds on their head and chest which are vital parts of the body and applicant has been assigned the specific role of assault by sharp-edged weapon by the injured persons.  5. As per allegations in the FIR, four accused persons are said to have assaulted Rajesh Saini and Shivam by sharp-edged weapon, however, the injured Rajesh Saini has assigned specific role of assault by sharp-edged weapon to the applicant. None of the injuries of the injured Shivam and Rajesh Saini have been found to be dangerous Versus Counsel for Applicant(s) : Abhishe Pandey, Praveen Singh Counsel for Opposite Party(s) : G.A. Irshad Alias Mulli .....Applicant(s) State of U.P. .....Opposite Party(s) to life and the applicant is languishing in jail for the last ten months.  6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 7. Let the applicant  Irshad Alias Mulli involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) 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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 6, 2026 Madhurima BAIL No. 33874 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad