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2025 DAILYLAW 13912 (ALL)

KHAWAJUDDIN v. STATE OF U.P.

BAIL/3176/2025 · 2025-03-16

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37459 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3176 of 2025 Applicant :- Khawajuddin Opposite Party :- State of U.P. Counsel for Applicant :- Giriraj Pandey Counsel for Opposite Party :- G.A.,Krishna Gopal Hon'ble Deepak Verma,J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard Sri Giriraj Pandey, learned counsel for the applicant, Sri Krishna Gopal, learned counsel for the informant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 862 of 2024, registered under Sections 318(4), 338, 336(3), 340(2) of BNS, Police Station Izzatnagar, District Bareilly, during pendency of the trial. 4. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Eight persons are named in the FIR, some of the co-accused have challenge the FIR before this Court by filing Criminal Misc. Writ Petition bearing No.1162 of 2025 and co- ordinate Bench of this Court vide order dated 07.02.2025 granted interim protection and stayed the arrest of the applicants till the next date of listing or till submission of police report, which ever is earlier. Applicant having no concern with the alleged incident. On perusal of FIR, discloses civil nature dispute. Applicant has criminal history committed after filing of the present petition. The applicant is languishing in jail since 06.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 5. Learned A.G.A. has opposed the bail prayer of the applicant. 6. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant, Khawajuddin, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 17.3.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad