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Neutral Citation No. - 2025:AHC:115292 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10809 of 2025 Applicant :- Tanvir Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Kumar Tiwari,Sadrul Islam Jafri,Sanjay Kr. Srivastava Counsel for Opposite Party :- Suraj Kumar Singh,G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri N.I. Jafri, Senior Advocate, assisted by Sri Rahul Kumar Tiwari, learned counsel for the applicant, Sri Suraj Kumar Singh,
learned counsel for the first informant, Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 264 of 2024, under Sections- 120-B, 420, 467, 468, 471 I.P.C., Police Station- Civil Lines, District- Muzaffar Nagar, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that applicant is an advocate in District Court, Muzaffar Nagar. He has bonafidely verified the sureties of co-accused, Smt. Laxmi Tiwari, on the basis of documents in Case Crime No. 315 of 2022. Subsequently, the sureties were found to be professional sureties and fake as they have already taken sureties of other accused persons. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. It is also submitted that applicant has no criminal antecedents to his credit. The applicant is languishing in jail since 19.03.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer for bail but could not dispute the aforesaid fact.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Tanvir involved in the aforementioned 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, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 15.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad