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2025 DAILYLAW 191062 (ALL)

FAIZ ALAM v. STATE OF U.P.

BAIL/28032/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28032 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Manoj Kumar, learned counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 334 of 2024, under Sections 191(2), 191(3), 190, 132, 121(1), 109(1), 125, 121(2), 223(B) B.N.S., Police Station- Kotwali Sambhal, District- Sambhal, during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant was not named in the First Information Report. The First Information Report was lodged against more than 700 unknown person with the allegation that he was involved in rioting and pelting stones on the police party. In the alleged incident one police personnel sustained a fire arm injury on his leg. The name of the applicant was disclosed by co-accused Faizan on the basis of CCTV footage. In the CCTV footage no overact has been assigned to the applicant. Identically placed co-accused Shujauddin Alias Shajju, Faizan, Mohammad Rihan and Azaharuddin have been granted bail by this Court vide orders dated 29.05.2025, 08.05.2025 and 06.06.2025, passed in Criminal Misc. Bail Application Nos. 17576 of 2025, 12951 of 2025, 12440 of 2025 and 17775 of 2025 respectively. The applicant claim parity. Criminal history of the applicant has been explained in the accompanying affidavit. The applicant is in jail since 17.04.2025. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the Versus Counsel for Applicant(s) : Manoj Kumar Counsel for Opposite Party(s) : G.A. Faiz Alam .....Applicant(s) State of U.P. .....Opposite Party(s) aforesaid facts. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Faiz Alam, involved in the aforementioned crime be released on bail, on his 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 not directly or indirectly make any 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 to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation 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. iv. The applicant shall attend in accordance with the conditions of the bond executed by them. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 14, 2025 Imtiyaz BAIL No. 28032 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad