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2025 DAILYLAW 104494 (ALL)

ZAINUL ALIAS ZAIDUL v. STATE OF U.P.

BAIL/35045/2025 · 2025-10-12

Arun Kumar Singh Deshwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35045 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Irshad Ahmad, learned counsel for the applicant, Sri Pankaj Saxena, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 334 of 2024, under Sections 191(2), 191(3), 190, 221, 132, 121(1), 121(2), 109(1), 125, 223(B) B.N.S., Police Station- Kotwali Sambhal, District Sambhal. 3. Contention of learned counsel for the applicant is that in the FIR general allegations have been made against more than 700 unknown persons for brick batting and firing on police in which Circle Officer, who was first informant, was also received gun shot injuries. It is further submitted that other co-accused persons who were also arrested in pursuance of the Case Crime No.334 of 2024, Police Station Kotwali Sambhal have been released on bail by co-ordinate Bench of this Court. Learned counsel for the applicant has relied upon the bail orders of co-accused having same role as of the applicant which are in Criminal Misc. Bail Application Nos.19785 of 2025 vide order dated 10.07.2025, 292284 of 2025 vide order dated 16.09.2025, 31921 of 2025 vide order dated 24.09.2025, 19300 of 2025 vide order dated 24.06.2025, 17593 of 2025 vide order dated 26.06.2025, 12951 of 2025 vide order dated 08.05.2025, 12440 of 2025 vide order dated 08.05.2025, 17575 of 2025 vide order dated 29.05.2025, 17652 of 2025 vide order dated 24.06.2025, 17678 of 2025 vide order dated 21.08.2025, 17775 of 2025 vide order dated 06.06.2025, 18565 of 2025 vide order dated 24.06.2025, 19645 of Versus Counsel for Applicant(s) : Irshad Ahmad Counsel for Opposite Party(s) : G.A. Zainul Alias Zaidul .....Applicant(s) State of U.P. .....Opposite Party(s) 2025 vide order dated 25.06.2025, 19673 of 2025 vide order dated 25.06.2025, 20304 of 2025 vide order dated 25.06.2025, 20498 of 2025 vide order dated 27.06.2025, 22142 of 2025 vide order dated 26.06.2025, 21863 of 2025 vide order dated 28.07.2025 and 34019 of 2025 vide order dated 07.10.2025. Therefore, the applicant is entitled to be released on bail on the ground of parity. He further submitted that the applicant has explained the criminal history of four cases which were nothing but chain of events. He also added that the applicant is languishing in jail since 24.11.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the fact that general role has been assigned to the applicant along with other co-accused persons and applicant has parity with co-accused mentioned above. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Zainul @ Zaidul involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. BAIL No. 35045 of 2025 2 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 13, 2025 S.C. BAIL No. 35045 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad