Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36368 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.263 of 2025, under Sections- 89, 3(5), 115(2), 351(2), 352 BNS, Police Station-Sarsawa, District- Saharanpur, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant is brother-in-law of the injured and in the FIR, no allegation of beating was made. However, in the first statement, specific allegation has been made against the co-accused Jahangir, who is the husband of the first informant for kicking her abdomen. However, in second statement, the prosecution story was changed and general allegation against the applicant and co-accused Jahangir has been made for kicking the injured. It is further submitted that the applicant has explained the criminal history which is matrimonial in nature. The applicant is a law abiding citizen and he is languishing in jail since
26.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the 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. Versus Counsel for Applicant(s) : Sayeed Saif Ullah, Sufia Saba Counsel for Opposite Party(s) : G.A. Dastagir .....Applicant(s) State of U.P. .....Opposite Party(s)
6. Let the applicant- Dastagir, 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.
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 him. 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. 9. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 10. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. October 17, 2025 S.C.
BAIL No. 36368 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad