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2025 DAILYLAW 48528 (ALL)

FAHEEM QURESHI v. STATE OF U.P.

BAIL/13809/2025 · 2025-05-11

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76994 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13809 of 2025 Applicant :- Faheem Qureshi Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Yogesh Kumar Srivastava, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 48 of 2025, under Sections 303(2), 111(2)B B.N.S. and 3/5/8 Cow Slaughter Act, Police Station Rasulpur, District Firozabad during pendency of the trial. 4. Learned counsel for the applicant submits, merely on the basis of suspicion applicant has been made accused in the present matter along with several others including co-accused Amir and after considering the entire facts of the case in detail co-accused Amir has been released on bail by this Court vide order dated 01.05.2025 passed in Criminal Misc. Bail Application No. 14536 of 2025 and on facts, case of applicant is at par with him. 5. He further submits, however, apart from the present case applicant is having criminal history of four cases but his criminal history has been explained in the supplementary affidavit and in all the four cases applicant is on bail. 6. He further submits, in the present matter applicant is in jail since 31.01.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Amir has been released on bail by this Court and his criminal history of four cases has been explained in the supplementary affidavit and in the present matter applicant is in jail since 31.01.2025, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant - Faheem Qureshi 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 12.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad