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2025 DAILYLAW 200653 (ALL)

TAUFEEQ v. STATE OF U.P. AND ANOTHER

CRLA/7151/2025 · 2025-10-14

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7151 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant and learned AGA for the State. 2. Learned AGA states that notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal but none has appeared even in revised call. 3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with a prayer to allow the appeal, set aside the bail rejection order dated 15.7.2025 passed by Special Judge (SC/ST Act), Aligarh and to release the appellant on bail in Case Crime No.224/2025 under Section 191(2), 191(3), 190, 115(2), 351(3), 109 (1), 352 of B.N.S. read with Section 3(2) (v) SC/ST Act and Section 3/25/27 Arms Act, Police Station Iglas, District Aligarh. 4. Learned counsel for the appellant has submitted that an FIR against ten persons has been lodged by the informant. The names of the four persons were dropped by the Investigating Officer during investigation. Another three accused persons Versus Counsel for Appellant(s) : Gyan Prakash Mishra, Mrityunjay Dwivedi Counsel for Respondent(s) : G.A. Taufeeq .....Appellant(s) State of U.P. and Another .....Respondent(s) were granted bail by the learned Special Judge (SC/ST Act). The role of the appellant is similar to that of the other accused persons except that a recovery of a country made pistol was made at his instance. It was submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. In such circumstances, the appellant is entitled to bail. 5. Learned A.G.A. has vehemently opposed the prayer. 6. I have considered the rival submissions so made and have gone through the entire record. 7. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, the Court is of the opinion that the appellant has made out a case for bail. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. Pending application, if any, shall stand disposed of. 9. Let the appellant- Taufeeq involved in the aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the CRLA No. 7151 of 2025 2 commission of which he is suspected. (v) The appellant 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. 10. In case of breach of any of the above conditions, the court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 15, 2025 SK CRLA No. 7151 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad