Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:65789 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13935 of 2025 Applicant :- Sarfaraj Alias Kali Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey 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. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that similarly situated co- accused namely, Soneej alias Soni, Rihan and Avesh have already been enlarged on bail by co-ordinate Bench of this Court vide orders dated 03.04.2025, 04.04.2025 and 16.04.2025 passed in Criminal Misc. Bail Application Nos. 9635 of 2025, 10863 of 2025, 12408 of 2025, copy of which orders have been produced before this Court and are taken on record. It is thus contended that the applicant is also entitled for bail on the ground of parity. 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 07.04.2025 having no criminal history.
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. In case the applicant is released on bail he will misuse
the liberty of bail, however, could not dispute the submissions of
learned counsel for the applicant with regard to parity.
4. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.
5. Let applicant Sarfaraj alias Kali involved in Case Crime No.22 of 2025 under Sections 190, 191(2)(3), 109 (1), 115(2), 352, 351(2), 3 (5) BNS Police Station Kairana, District Shamli be released on bail on furnishing a personal bond and two heavy 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.
Order Date :- 29.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad