Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:124047 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6999 of 2025 Applicant :- Faraz Opposite Party :- State of U.P. Counsel for Applicant :- Chandrajeet Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the instance. He further submits that applicant was not named in the F.I.R. and police after issuing bailable warrant falsely implicated him in the present case. He further submits that nothing incriminating has been recovered either from the possession or pointing out of the applicant. Applicant is languishing in jail since 27.01.2025. The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application. The applicant claims congruency in role and seeks parity in relief granted to the co-accused who has been enlarged on bail by a Coordinate Bench of this Court by order dated 10.07.2025 in Criminal Misc. Bail Application No. 11376 of 2025. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant- Faraz, be enlarged on bail in Case Crime No.
307 of 2024, under Section 303(2) of B.N.S., Police Station- Hapur Dehat, District- Hapur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 28.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad