Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:134374 Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13101 of 2025 Applicant :- Tahir Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Gupta,Yogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. The present bail application has been moved by the applicant- accused Tahir for the offence punishable under Section 5/25 Arms Act in Case Crime No.71 of 2023, Police Station- Parikshitgarh, District Meerut. 2. Sri Yogendra Pal Singh, learned advocate appeared for the applicant and submits that the accused applicant has been falsely implicated in the present case along with co-accused by the police, attributing the role of running arms factory. No independent witness of alleged recovery. The accused is languishing in jail since March, 2023. The charge sheet has been submitted but the trial is not concluded. In the criminal history of five cases, the accused is acquitted in two cases and granted bail in three cases, which is duly explained in the bail application and supplementary affidavit. Two of the accused having similar role has already been granted bail. As such, he prays that the accused/applicant be enlarged on bail. 3. Per contra, learned A.G.A. has opposed the bail application and submits that the accused is a habitual offender, who was running factory of arms, apprehended by the police and huge recovery of incriminating articles have been made. 4. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The perusal of the record prima facie reveals that the arrest and recovery of the accused has been made by the police party in absence of independent witness. The charge sheet has been submitted. The accused is languishing in jail since March, 2023. The other co-accused have already been released on bail. The
criminal history has been duly explained. 6. Hence, without touching merit of the case, the bail application is allowed. 7. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 8.
The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 8.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad