Neutral Citation No. - 2025:AHC-LKO:503 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13174 of 2024 Applicant :- Mohammad Rafiq Shah Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J. 1. Learned AGA informs that he has procured complete instructions in the matter including upto date case diary and charge sheet in this case has already been submitted. 2. Heard Shri Ajeet Kumar Singh, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record. 3. This bail application has been moved by the accused/applicant- Mohammad Rafiq Shah for grant of bail, in Case Crime No. 609/2022, under Sections 34, 379, 411 IPC, Police Station Kotwali City, District Hardoi, during trial. 4. Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication. The applicant was not named in the FIR, however, after 45 days of the alleged incident the applicant is shown to have been arrested along with the other co-accused persons and Rs. 4,500/- is shown to have been recovered from his possession. 5. It is vehemently submitted that the only evidence which is available against the applicant is of own confession obtained when he was in the custody of the police and thus the same could not be proved against him by virtue of bar contained under Sections 26 of the Indian Evidence Act. The alleged offences charged against the applicant are triable by the Magistrate. Charge sheet has already been submitted in this case. Criminal history of 4 cases alleged against the applicant, which is stated to be slapped against him on the basis of his involvement which has been explained in paragraph 12 of the affidavit enclosed in the bail application and he is in jail in this case since 18.09.2022. and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. Identically placed co-accused persons namely, Mohd. Shah Alam and Afroza have already been granted bail by this Court, vide orders dated 29.03.2024 and 07.05.2024 passed in Crl. Misc. Bail Application Nos. 3443 of 2024 and 4887 of 2024. 6. Learned A.G.A. on the other hand opposes the prayer of bail of the applicant. 7. Considering the fact that charged offences against the applicant are triable by Magistrate, he has already been in jail for about 2 years and charge sheet has already been submitted and criminal history of 04 cases have adequately been explained and the other co-accused persons, namely, Mohd. Shah Alam and Afroza have already been granted bail by this Court. The applicant is in jail in this case since 18.09.2022, a case of bail is emerging in his favour. The bail application moved on behalf of the applicant is thus allowed. 8. Let the applicant- Mohammad Rafiq Shah involved in the aforesaid case be released on bail on furnishing a personal bond of Rs. 20,000/- with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 11. Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case. Order Date :- 3.1.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench