NIYAZ AHMAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME CIVIL SECTT. LKO.
BAIL/12438/2025 · 2025-12-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 180444 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180444 (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. - 12438 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Accused-applicant seeks bail in Case Crime No. 978 of 2025 under Sections under Section 59, 61(2), 318(4), 303(2) BNS, & 7(A)/12 Prevention of Corruption Act, 1988, P.S.-Kotwali, District-Unnao. In the prosecution case, it is alleged that applicant has provided a Maruti FRONX Car bearing Registration No. UP 35 BY 3434 to one Sunil Sachan, who is alleged to have connections with employees of the RTO Department and was instrumental in facilitating the passage of overloaded trucks through the check post. Submission of the learned counsel for the applicant is that applicant has falsely been implicated in the instant case. The recovery of Rs. 2,150/- and a mobile phone from the possession of the applicant is false one as there was no independent witness to that recovery. Applicant, having no criminal history, is in jail since 12.11.2025. It is submitted that co-accused Pradeep Singh having similar role has been enlarged on bail by this Court vide order dated 08.12.2025 passed in Criminal Misc. Bail Application No. 12031 of
2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case Versus Counsel for Applicant(s) : Shivendra S Singh Rathore, Atul Sharma, Bhavesh Chandel Counsel for Opposite Party(s) : G.A. Niyaz Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko. .....Opposite Party(s)
the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considered the aforesaid and perused the record. On due consideration of the facts that applicant, having no criminal antecedents, is in jail since 12.11.2025, role assigned to the applicant, severity of the offence and the bail order of co-accused Pradeep Singh, I find it to be a fit case for enlarging the applicant on bail on parity. Accordingly, the bail application is allowed on the ground of parity.
Let the applicant- Niyaz Ahmad, involved in aforesaid case crime be released on bail 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 11, 2025 Vinay/- BAIL No. 12438 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench