Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 20793 (ALL)

ZUNAID PATHAN v. STATE OF U.P.

BAIL/6269/2025 · 2025-04-30

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:69410 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6269 of 2025 Applicant :- Zunaid Pathan Opposite Party :- State of U.P. Counsel for Applicant :- Akhand Pratap Singh,Shobhit Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Shobhit Yadav, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Zunaid Pathan, seeking enlargement on bail in Case Crime No. 503 of 2024, under Sections 386, 324, 323, 504, 506 of I.P.C., Police Station - Kotwali Nagar, District- Banda. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 31.08.2024. Learned counsel for the applicant submits that injuries sustained by the injured are simple in nature. Recovery of one tamacha has been shown against the applicant which is totally false and fabricated. Learned counsel for the applicant further submits that chargesheet has already been submitted by the Investigating Officer in the matter and no useful purpose would be served by detaining the applicant. The applicant has criminal antecedent of 14 cases and the same are duly explained in para 18 of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Zunaid Pathan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 1.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad