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2025 DAILYLAW 50165 (ALL)

NISAR v. STATE OF U.P.

BAIL/14866/2024 · 2025-02-19

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25376 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14866 of 2024 Applicant :- Nisar Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pandey,Apsara,Arbaz Danish,Kamal Kishor Mishra,Mohd. Jamshed Khan,Sarve Nazir,Zafar Abbas Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard Sri Ajay Kumar Pandey, counsel for the applicant; Sri Dinesh Tiwari, learned A.G.A. for the State-opposite party and perused the material available on record. 2. The instant bail application under Section 439 of Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.176 of 2023, under Section 14C of Foreign Act, Police Station Katghar, District Moradabad, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. At this stage, there is no credible evidence to establish that the applicant has forged or manipulated any documents. The applicant is an Indian citizen, as such, no offence under Section 14C of Foreign Act is made out. Further, the co-accused Rihana, Gulshan and Smt. Fatima Alias Amina Alias Moti have been granted bail by this Court vide orders dated 02.05.2024 passed in Criminal Misc Bail Application No.24387 of 2023 (Rihana and another vs. State of U.P.) and 08.012025 passed in Criminal Misc. Bail Application No.46935 of 2024 (Smt. Fatima Alias Amina Alias Moti vs. State of U.P.). It is contended that the case of applicant is on better footing than that of aforesaid co-accused. The applicant is in jail since 16/17.04.2023, having no criminal history and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that at this stage, there is no substantive evidence to establish that the applicant has forged or manipulated any documents. The co-accused Rihana, Gulshan and Smt. Fatima Alias Amina Alias Moti have been granted bail by this Court. Further, the applicant has no criminal antecedents and has remained confined for more than one year and ten months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Nisar, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 20.2.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad