Allahabad High Court
AAS MOHAMMAD ALIAS AASHUversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail during the trial, subject to prescribed conditions, without expressing any opinion on the merits of the case.
Summary
The High Court considered a bail application filed by Aas Mohammad Alias Aashu, who was arrested in a case under Sections 303(2) and 317(2) of the Indian Penal Code for alleged theft of a motorcycle. The applicant claimed absolute innocence, asserted that his name was added later in the investigation, and highlighted the absence of prior criminal history aside from four concurrent cases. The State opposed the bail, but the court, after reviewing the record and the nature of the allegations, decided that the applicant was entitled to bail during the pendency of trial. The court granted bail on the condition of a personal bond, two sureties, and several strict conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly stated that it did not prejudice the merits of the case.
Issues considered
- Whether the applicant is entitled to bail pending trial under Sections 303(2) and 317(2) IPC.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Indian Penal Code — s. 303(2), 317(2)
Subjects
- bail
- criminal procedure
- IPC 303
- IPC 317
- sureties
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33825 of 2026
Aas Mohammad Alias Aashu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rizwan Ullah Siddiqui
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 210 of 2026, under Sections 303(2), 317(2) BNS,
Police Station-Civil Line, District-Muzaffarnagar, during pendency of the
trial in the court concerned.
Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. The present FIR has been lodged with regard
to alleged theft of motorcycle. The applicant is not named in the FIR and
his name surfaced in the present matter during the course of investigation.
It is next submitted that applicant is having no concern with the
allegations levelled against him and he has not committed any offence as
alleged by prosecution. It is next submitted that a false recovery has been
shown from the possession of the applicant. There is no independent witness
of the alleged recovery. Except the present case, the applicant was not
having any previous criminal history but along with the present case,
simultaneously he has been implicated in the four other cases; criminal
history of the applicant has been explained in the instant bail application.
The applicant is languishing in jail since 12.8.2026. It is also submitted
that the applicant 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.
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
BAIL No. 33825 of 2026
2
the trial.
Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
Let applicant, Aas Mohammad Alias Aashu 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.
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 23, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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