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2025 DAILYLAW 45106 (ALL)

TAUHEED VASHEER AHMAD v. STATE OF U.P.

BAIL/13326/2025 · 2025-05-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74125 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13326 of 2025 Applicant :- Tauheed Vasheer Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Rafeek Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed in the Court today is taken on record. Heard Shri Rafeek Ahmad Khan, learned counsel for the applicant, Sri Vijendra Kumar, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Tauheed Vasheer Ahmad, seeking enlargement on bail in Case Crime No. 380 of 2024, under Sections 8/22/29/60 of N.D.P.S. Act, Police Station- New Agra, District- Agra. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 26.02.2025. Learned counsel for the applicant submits that similarly placed co- accused, namely, Shailendra Singh Rana, Shailu Pandit and Hariom Dhakare have already been enlarged on bail of this Court by orders dated 05.04.2025, 01.04.2025 and 19.03.2025, passed in Criminal Misc. Bail Application Nos. 11046 of 2025, 320 of 2025 and 47206 of 2024 respectively. He further submitted that since the role of the applicant is identical to that of co-accused, Shailendra Singh Rana, Shailu Pandit and Hariom Dhakare who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has criminal antecedent of one case and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Tauheed Vasheer Ahmad, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 7.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad