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Neutral Citation No. - 2025:AHC:142884 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15499 of 2025 Applicant :- Sarfaraz Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Anoop Gupta,Ashwani Tripathi,Mohammad Waseem,Mohd Asif,Mohd Salman Counsel for Opposite Party :- Dinesh Kumar Singh,G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, Sri Dinesh Kumar Singh, learned counsel for the informant, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that the applicant is the tenant of the informant and civil dispute is pending between the parties. Learned counsel further argued the informant wants to oust the applicant from the building in question under the tenancy of the applicant on account of which, the applicant was constrained to file suit for mandatory injunction in which interim injunction has been against the informant. He further submits that civil dispute has been dragged into criminal prosecution of the applicant at the behest of the informant, which is bad in law and that no offence as alleged is made out against the applicant. He further submits that the allegation of demand of Rs. 20 lacs is false and fabricated and that the same has been levelled only to exert pressure upon the applicant. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel next argued that the applicant has no criminal history. 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 16.04.2025. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have 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. 4.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicant Sarfaraz Khan involved in Case Crime No. 61 of 2024 under Sections 386, 419, 420, 467, 468, 471, 506 I.P.C., Police Station Chowk, District Varanasi, be released on bail on furnishing a personal bond and two 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.
7. The bail application is allowed.
Order Date :- 19.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad