Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:134474 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9178 of 2025 Applicant :- Farrukh Opposite Party :- State of U.P. Counsel for Applicant :- Anoop Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ashok Kumar Singh, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. This is the second bail application filed by the applicant. The first bail application filed by the present applicant has been rejected by the co-ordinate Bench of this Court by means of a detailed order dated 23.1.2025 passed in Criminal Misc. Bail Application No. 389 of 2025, a copy of which has been brought on record as Annexure-6 to the bail application. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Farrukh, seeking enlargement on bail in Case Crime No. 121 of 2023, under Sections 406, 420, 467, 468, 471 IPC and Section 66D of Information Technology Act, Police Station Railway Road, District Meerut. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court.
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 9.11.2024.
Learned counsel for the applicant submits that trial of the case is proceeding at a snail pace. Till date, even a single witnesses have not been examined by the prosecution out of 10 witnesses cited in the list of witnesses. The main accused Sunil Kumar @ Sunil Chaudhary has already been enlarged on bail by co-ordinate Bench of this Court on 16.10.2024 in Crl. Misc. Bail Application No.
34470 of 2024 prior to rejection of bail application of present applicant. He further submits that perhaps this fact has not been disclosed by earlier Counsel because it has not find place in the bail rejection order of present applicant. He has no criminal antecedent 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, Farrukh , 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 :- 7.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad