MUJAYYANversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 24193 of 2026

Mujayyan
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)      : Farooq Qamar Khan, Mihir Ghosh Roy,
                                Mohammad Belal
Counsel for Opposite Party(s) : G.A.

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
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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.
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                                    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.



                                                                                       (Jai Prakash Tiwari,J.)
                                    September 29, 2026
                                    Brijesh




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