MOHD AZAMversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 28499 of 2026

Mohd Azam
                                                              .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)                     :   Irshad Ahmad
Counsel for Opposite Party(s)                :   Faheem Ahmad, G.A.

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

1. Heard learned counsel for the applicant, Sri Faheem Ahmand learned
counsel for the opposite party,learned A.G.A. and perused the record.

2. The applicant is involved in Case Crime No. 104 of 2026 under
Sections -61(2), 319(2), 318(4), 338, 336(3), 340(2), 351(2) BNS Police
Station -Chowk District -Varanasi.

3. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. It is further
submitted that there is specific allegation against the co-accused Mohd.
Jahangir, Alamgir, Mohd. Javed @ Chandu, Mohd. Arshad. It is also
submitted that co-accused Jahangir has mutated his name in the revenue
record of Nagar Nigam, Varanasi as Manager/ custodian (Mutwalli) in
place of complainant. It is next submitted that the applicant is only the
representative of the aforesaid committee. A civil suit being Civil Suit
No.68/2016 is pending between the parties before the competent court. It is
next submitted that the dispute is purely of civil nature but it has been given
a criminal colour. There is criminal history of one case against the
applicant, which has been explained in supplementary affidavit. The
applicant is in jail since 28.06.2026. Therefore, the applicant is entitled
for bail. Learned counsel for the applicant has further submitted that if the
applicant is released on bail, the applicant would not misuse liberty of bail
and is ready to co-operate in the trial.

4. Learned A.G.A. as well as learned counsel for the opposite party has
                                                                                            BAIL No. 28499 of 2026
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                                    opposed the prayer for bail but he has not disputed the above contention
                                    made by the learned counsel for the accused-applicant.

                                    5. Considering the facts and circumstances of the case, perusing the
                                    record and also considering the nature of allegations, arguments advanced
                                    by the learned counsel for the parties and without expressing any opinion
                                    on the merit of the case, I find it to be a fit case for granting bail.
                                    Accordingly, the bail application is allowed.

                                    6. Let applicant - Mohd Azam be released on bail in the aforesaid case
                                    crime number on furnishing a personal bond and two reliable sureties of
                                    the like amount to the satisfaction of the court concerned subject to
                                    following conditions, which are being imposed in the interest of justice:-

                                    (i) The applicant shall appear before the trial court on the dates fixed,
                                    unless his personal presence is exempted.

                                    (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.

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

                                    7. 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.

                                    8. 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 9, 2026
                                    S.K.




Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad