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2025 DAILYLAW 38833 (ALL)

TAIMUR KHAN v. STATE OF U.P.

BAIL/11670/2025 · 2025-05-12

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78396 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11670 of 2025 Applicant :- Taimur Khan Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Kumar Mishra,Shashi Kant 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 record. 2. Learned counsel for the applicant submits that the applicant was not named in the F.I.R. Learned counsel further argued that it is a case in which the victim herself has been made an accused. The applicant was not named in the F.I.R. and his name surfaced in the statement victim recorded as an accused, wherein she has stated she has telephonically called the applicant on 24.02.2025 and went to take the medicine with him. Learned counsel has further that the witness namely, Shekhar Aneja has stated that while he was standing near Police Office, he saw that Veerbhan alias Veeru was stating with the victim to lodge a gang rape case against Vikas Tyagi and his friend in collusion with the applicant on account of which she would Rs. 8 lacs from the Government. Learned counsel further argued that there is no cogent and credible evidence against the applicant to connect him in commission of alleged offence, except the hear say evidence. It is thus contended that the applicant has been falsely implicated due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 06.03.2025. 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. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicant Taimur Khan involved in Case Crime No.208 of 2025 under Sections 61(2), 231, 308 (3) B.N.S., Police Station Kavi Nagar, District Ghaziabad, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to 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 an 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 breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 7. The bail application is allowed. Order Date :- 13.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad