HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43263 of 2024 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The accused applicant is involved in Case Crime No.651 of 2022 under Sections 420, 467, 468, 471, 120-B 386, 506 I.P.C., Police Station Highway, District Mathura. 3. Learned counsel for the applicant that by the efflux of time, the trial began in which charge was framed on 03.01.2025. Learned counsel further submits that one date after another were fixed but the informant side are not appearing before the trial Court. To demonstrate the same, learned counsel has drawn attention of this Court to the order sheets of the case, copy of which is annexed as Annexure-SA1 to the affidavit accompanying the bail application, which has been filed today in the Court, is taken on record. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 30.09.2024. Versus Counsel for Applicant(s) : Arun Kumar Srivastava, Pankaj Sharma, Priyanka Srivastava Counsel for Opposite Party(s) : G.A. Munabbar Ahmad Faruki .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Learned AGA as well as learned counsel for the informant have vehemently opposed the bail application but could not dispute the arguments advanced by learned counsel for the applicant.Learned counsel for the informant has argued that the applicant appeared before the trial Court in the month of May 2025 where his deposition has also been recorded, thus the applicant is not entitled for bail. 5. Learned counsel for the applicant has further submitted that the case is triable by the Court of Magistrate, which mandates the release of an accused person on bail if his trial for non-bailable-offence is not concluded within sixty days from the first date fixed for recording evidence, provided the accused have been in custody throughout that period. He further submits that in the instant case, the applicant is languishing in jail since 13.09.2023 therefore, the applicant is also entitled for bail in view of Section 437 (6) Cr.P.C. which is quoted below:- "Section 437(6) of the Code of Criminal Procedure (CrPC) in India deals with bail in non-bailable offences triable by a Magistrate. It mandates the release of an accused person on bail if their trial for a non-bailable offense is not concluded within sixty days from the first date fixed for recording evidence, provided they have been in custody throughout that period. The Magistrate must release the accused unless they provide written reasons for a different direction ". 6. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail, in view of provisions contained in Section 437(6) Cr.P.C.. Accordingly, the bail application stands allowed. 7. Let the applicant Munabbar Ahmad Faruki be released on bail in the aforementioned case crime number on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. v) The applicant shall not commit an offence similar to the offence of which BAIL No. 43263 of 2024 2 the applicant is accused, or suspected of the commission. 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. (Dr. Gautam Chowdhary,J.) October 6, 2025 S.Ali BAIL No. 43263 of 2024 3 Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad