MOHD. TAHIR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/7768/2025 · 2025-09-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158772 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158772 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7768 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Anil Kumar Tiwari, learned counsel for the applicant, Shri Angad Kumar Vishwakarma, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.277 of 2025 under Sections 310(4), 310(5) of B.N.S. registered at Police Station- Raunahi, District- Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub-Inspector of Police on 11.07.2025 against five persons, including the applicant, stating that on the basis of an information received from a mukhbir, five accused persons were planning to commit Dacoity, the police apprehended them. Four persons, including the applicant, were arrested and it is alleged that another co-accused Asif managed to escape. As per the FIR version, a wrench, an iron hook, a plyer and a knife were recovered from a backpack from the applicant and Rs.500/- and a mobile phone and an iron rod was recovered form the pocket. 4. In the custodial statement of the accused persons admitted that they were waiting for a truck to commit robbery. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicants' involvement in three other criminal cases has been disclosed in para 16 of the affidavit, in two of which he has been acquitted and in one case he has been granted bail. Versus Counsel for Applicant(s) : Anil Kumar Tiwari Counsel for Opposite Party(s) : G.A. Mohd. Tahir .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
6. Although the learned A.G.A. has pointed out applicant's involvement in another criminal case, a supplementary affidavit has been filed on behalf of the applicant stating that the applicant is not involved in that case. 7. Learned A.G.A. has vehemently opposed the bail application and he has submitted that the investigation of the case is still pending. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR has been lodged by a Sub-Inspector of Police, the alleged recovery has not been witnessed by any independent person and the FIR merely alleges that the applicant was caught along with other co-accused persons when they were planning to commit an offence, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Mohd. Tahir be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. September 8, 2025 S. Shivhare BAIL No. 7768 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench