HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27536 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Sri Gaurav Srivastava, Advocate, has filed his Parcha and a supplementary affidavit on behalf of the applicant. The same is taken on record. . 2. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party. 3. The present bail application has been filed with the prayer to enlarge the applicant on bail in S.T. No. 3 of 2024, arising out of Case Crime No. 286 of 2023, under Sections 396, 412, 120B I.P.C. and 4/25 Arms Act, Police Station Nizamabad, District Azamgarh during the pendency of the trial. 4. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by co-accused Nasim @ Lamboo in the police custody. The said statement insofar as it implicates the applicant is unreliable. It is next contended that identically placed co- accused Sufiyan alias Hasan alias Jaggu has been granted bail by this Court vide order dated 01.04.2024 passed in Criminal Misc. Bail Application No. 7522 of 2024, Sufiya alias Hasan alias Jaggu v. State of U.P. The applicant claims parity. The criminal history of the applicant has been explained in Paragraph- 22 of the affidavit filed in support of the bail application and Paragraph-3 of the supplementary affidavit. The applicant is in jail since 07.10.2023 and if he is released on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not Versus Counsel for Applicant(s) : Ankita Gupta, Balram Pratap, Gorakh Nath Shukla, Indradeep Dubey Counsel for Opposite Party(s) : G.A. Mohd. Zubair Alias Wakeel .....Applicant(s) State of U.P. .....Opposite Party(s) satisfactorily dispute the aforesaid submissions from the record. 6. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant was disclosed by co- accused Nasim @ Lamboo in the police custody. Identically placed co- accused Sufiyan alias Hasan alias Jaggu has been granted bail by this Court. Moreover, the applicant has remained confined for almost two years and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Mohd. Zubair @ Wakeel, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 14, 2025 SKT/- BAIL No. 27536 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad