TANVEER @ RAJEEV @ SAPERA @ HASAN v. STATE OF U.P.
BAIL/4689/2025 · 2025-05-21
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17580 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17580 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:87420 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4689 of 2025 Applicant :- Tanveer @ Rajeev @ Sapera @ Hasan Opposite Party :- State of U.P. Counsel for Applicant :- J Shubham,Jitendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Jitendra Kumar Mishra, learned counsel for the applicant and Sri Dharam Raj Pal, learned A.G.A. for the State- respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.213 of 2024, under Sections 331(8), 305(a), 317(2) B.N.S., 2023, Police Station Nawabganj, District Farrukhabad, during pendency of the trial. 4. Learned counsel for the applicant submits that nobody was named in the FIR but during investigation, after one month, applicant has been made accused in the present matter alongwith several others including co-accused Jakir Shah Alias Jakra & Dilshad Shah and Taj Mohammad @ Anbar and above co-accused have been released on bail by this Court vide orders dated 04.03.2025 & 18.03.2025 passed in Criminal Misc. Bail Application Nos.7466 of 2025 & 8943 of 2025 and on facts case of applicant is at par with them. 5. He further submits that as per prosecution, applicant is having criminal history of six other cases but actually apart from the present case, applicant is having criminal history only one case and this fact has been disclosed by applicant in the supplementary affidavit filed in support of the instant bail application. He next submits, although that case relates to Section 302 I.P.C. but in that case, applicant is on bail. 6. He further submits that and he is in jail in the present matter since 25.09.2024 i.e. for last seven months. 7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard both the parties and perused the record of the case. 9.
Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed three co-accused Jakir Shah Alias Jakra, Dilshad Shah and Taj Mohammad @ Anbar have been released on bail by this Court and criminal history of the applicant has been explained in the supplementary affidavit filed in support of the instant bail application and he is in jail in the present matter since 25.09.2024 i.e. for last seven months, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Tanveer @ Rajeev @ Sapera @ Hasan be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 22.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad