MOHAMMAD ASHGAR @ AJGAR AND ANOTHERversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 34003 of 2026

Mohammad Ashgar @ Ajgar And Another
                                                             .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                    :   Kripa Shanker Yadav
Counsel for Opposite Party(s)               :   G.A.

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

Heard learned counsel for the applicants and learned AGA for the State
and perused the record of the case.

The instant application has been filed seeking release of the applicants on
bail in Case Crime No. 64 of 2026, under Sections 309(6), 331(4), 317(2)
BNS, Police Station Attarsuiya, District Prayagraj, during pendency of the
trial in the court concerned.

Learned counsel for the applicants submits that the applicants are
absolutely innocent and have been falsely implicated in the present case
due to ulterior motives. It is further submitted that the applicants have no
concern with the allegations levelled against them and have not
committed any offence as alleged by the prosecution. It is next submitted
that, after their arrest, false recoveries of Rs. 1,730/- and Rs. 1,510/- have
been shown from the respective possession of the applicants. It is further
submitted that the amounts allegedly recovered are the applicants’ hard-
earned money and have no connection with the alleged offence. The
criminal history of the applicants has been duly explained in paragraph 17
of the instant bail application. It is lastly submitted that the applicants
have been languishing in jail since 06.08.2026. 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.
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                                2


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, Mohammad Ashgar @ Ajgar and Meraj @ Miraj 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
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                                                         3


                                    during trial.



                                                             (Jai Prakash Tiwari,J.)
                                    September 30, 2026
                                    Brijesh




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