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2025 DAILYLAW 26786 (ALL)

SIRAJUDDIN v. STATE OF U.P.

BAIL/8683/2025 · 2025-03-11

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36345 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8683 of 2025 Applicant :- Sirajuddin Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-opposite party. 2. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.284 of 2024, under Sections 316(2), 318(4), 319(2), 336(3), 338, 340(2) B.N.S., Police Station Bhaitauli, District Maharajganj, during the pendency of the trial. 3. Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the instant case. No amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. The applicant has not forged or manipulated any documents. The case of the applicant is clearly distinguishable from other co-accused. At this stage, there is no credible evidence to link the applicant with the offence. The applicant is in jail since 06.02.2025 having no criminal history and if he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the applicant was not named in the first information report. At this stage, there is no substantive evidence to link the applicant with the offence. Further, the applicant has remained confined for more than one 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 merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Sirajuddin, involved in the aforesaid case crime 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 :- 12.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad