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Neutral Citation No. - 2025:AHC:66896 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4772 of 2025 Applicant :- Zakir Ali Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.418 of 2024, under Sections 420, 467, 468, 471, 120-B IPC, Police Station - C.B. Ganj, District - Bareilly.
2. Learned counsel appearing on behalf of applicant has submitted that the applicant was not named in the F.I.R. and he has been falsely implicated in the present case. As per the allegations made in the first information report as the cash amount was received by the co-accused, Tariq. The fees of D.Pharma was also deposited in the office of Khusro Institute of Medical Science and Technology College. The name of applicant was disclosed in the statement of son of the informant, who is the student in the said college.
Learned counsel for applicant has further submitted that applicant was working as clerk in the said institute and he was not aware about any fact that the said college is giving forge degree. He has further submitted that whatever money received as fees of the said college, the same has been deposited to the competent authorities. It is further submitted that Principal of the said College has already been enlarged on bail vide order dated 27.02.2025 by Co-ordinate Bench of this Court. It is also submitted that applicant has no previous criminal history but he has been falsely implicated in two
cases at the time of his arrest. At this stage, there is no credible evidence to link the applicant with the offence. It is also submitted that the investigation has been completed and charge sheet has been submitted on 04.11.2024 before the competent court and the competent court has taken cognizance on 27.11.2024. Applicant is languishing in jail since 17.10.2024. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel for the applicant as well as Sri Vinay Kumar Singh, learned State Law Officer for the State and perused the record. 6. It is admitted fact that applicant is the man of clean antecedent and he has not committed any offence as alleged in the F.I.R., the charge sheet has been filed and cognizance has been taken, applicant was not named in the F.I.R., the name of applicant was disclosed by the son of informant, he was merely a Clerk in the said Institution, the Principal has already been enlarged on bail by Co-ordinate Bench of this Court, there is no material on record to show that the applicant will not cooperate in the trial or will influence the witness, applicant is languishing in jail above six months and there is no possibility of completion of trial in near future. 7.
7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Zakir Ali, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac) 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 evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.)
Order Date :- 29.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad