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2025 DAILYLAW 28851 (ALL)

TALIB v. STATE OF U.P.

BAIL/8794/2025 · 2025-09-08

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8794 of 2025 Court No. - 67 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the complainant. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 27 of 2025, under Sections 191(2), 191(3), 190, 109, 352, 115(2) B.N.S. and Sections 3/25 Arms Act, Police Station Pakbada, District Moradabad, during the pendency of trial. 3-The main substratum of argument of learned counsel for the applicant is that the complainant-Ansaar has lodged an F.I.R. on 20.01.2025 against Talib (present applicant), Hashim, Firoz, Bhoora and Babu for the offence under Sections 191(2), 191(3), 190, 109, 352, 115(2) and 351(2) B.N.S. During investigation, when the statement of injured Ansaar was recorded, he has assigned the role of causing fire arm injury to Talib (present applicant) and Hashim stating inter-alia that the said fire shot was hit his leg and thereafter other co-accused persons started beating him with sticks and iron rod. It is next pointed out that the injuries which are said to have been caused by the applicant and co-accused Hashim to the injured are on the non-vital part of his body and are also simple in nature. Co-accused Hashim and Firoj have been granted bail by the co-ordinate Bench of this Court vide order dated 02.06.2025 in Criminal Misc. Bail Application No. 16003 of 2025. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has a criminal history of one another case which has been explained in paragraph no. 6 of the supplementary affidavit dated 24.07.2025. The applicant is languishing in jail since 04.02.2025 and is entitled to be released on bail on the ground of parity. Versus Counsel for Applicant(s) : Rupendra Kumar Mishra, Saiyad Iqbal Ahmed Counsel for Opposite Party(s) : G.A., Mukul Yadav, Rajesh Yadav Talib .....Applicant(s) State of U.P. .....Opposite Party(s) 4-Per contra, learned A.G.A. for the State as well as learned counsel for the complainant opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 5-Having heard learned counsel for the parties and examined the matter in its entirety, I find that the case of present applicant stands on similar footing than that of co-accused Hashim, who has been granted bail as noted above. 6-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail on the ground of parity. Hence, the bail application is hereby allowed. 7-Let the applicant-Talib, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 8-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. September 9, 2025 Saurabh BAIL No. 8794 of 2025 2 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad