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2025 DAILYLAW 19966 (ALL)

RAFEEQ v. STATE OF U.P.

BAIL/8004/2025 · 2025-03-05

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32216 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8004 of 2025 Applicant :- Rafeeq Opposite Party :- State of U.P. Counsel for Applicant :- Akhilendra Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State-respondent and perused the record. 2. The instant bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 710 of 2022, under Sections 420, 467, 468, 471 IPC, Police Station Jasrana, District Firozabad during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is the marginal witness of the sale deed executed by co-accused Raghuveer Khan in favour of Manoj Kumari. The co-accused Raghuveer Khan has been granted bail by the co-ordinate Bench of this Court vide order dated 22.08.2024 passed in Criminal Misc. Bail Application No. 30827 of 2024 (Raghuveer Khan Vs. State of U.P.). The case of the applicant is on better footing to that of co-accused Raghuveer Khan. The applicant is in jail since 12.01.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant is the marginal witness of the sale deed executed by co-accused Raghuveer Khan in favour of Manoj Kumari. The co-accused Raghuveer Khan has been granted bail by the co-ordinate Bench of this Court. The applicant has no criminal antecedents. The applicant has remained confined for more than a month and there is no hope of early conclusion of trial, more so when 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, without commenting 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 Rafeeq, 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 the 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; (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad