Alam And Another vs State Of U.P.

Heard Shri Sushil Kumar Pandey, learned counsel for the applicants, Shri Vikas Sharma and Shri Ramendra Pal Singh, learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicants Alam and Husain Ahmad, with a prayer to enlarge them on bail in Case Crime No. 586 of 2025, under Sections 318 (4), 338, 336 (3), 340 (2), 352, 351 (3), 61 (2) of BNS, Police Station-Nai Mandi, District-Muzaffar Nagar, during pendency of trial.

Learned counsel for the applicants submits that the accused applicants are innocent. They have been falsely implicated in the present case and is languishing in jail since 14.12.2025. Learned counsel for the applicants submits that first information report was lodged in the year 2025 with a delay of more than four years for an incident taken place in the year 2021, against four named persons, including the applicants, with the allegation that the accused persons have taken Rs. 10,000,00/- as advance from the first informant for selling four Bigha land of Khasra No. 495 belonging to them and thereafter they were continuously making excuse from executing sale deed. Thereafter the first informant got information that the accused persons were not owner of the said land and the said land was belonging to Abdul Wahab, Israr, Shamshad, Husain Ahmad and Yamin. Learned counsel for the applicants submits that the applicants have nothing to do with the present incident. The amount of Rs. 6,00,000/- has been transacted in the account of the co-accused Gulnaz. After arguing at some length learned counsel for the applicant submits that in the present case charge sheet against the applicants has been filed on 09.03.2026 and cognizance has been taken by the Court concerned on 13.03.2026 and there is no need of further custodial interrogation of the applicants. The applicants has no criminal antecedents and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Per contra, learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the aforesaid facts.

Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicants has made out a case for bail. The bail application is allowed.

Let the applicants-Alam and Husain Ahmad, involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

1. The applicants will not tamper with the evidence.

2. The applicants will not indulge in any criminal activity.

3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.

(Ashutosh Srivastava,J.)

May 6, 2026

Deepak/