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2025 DAILYLAW 55940 (ALL)

ILFAJ ALIAS SAIJI v. STATE OF U.P.

BAIL/15935/2025 · 2025-05-11

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77231 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15935 of 2025 Applicant :- Ilfaj Alias Saiji Opposite Party :- State of U.P. Counsel for Applicant :- Adil Nasir,Mohit Kumar Jaiswal,Nasiruzzaman Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed under Section 483 of BNSS, seeking regular bail in Case Crime No. 96 of 2025 under Sections 309(6), 61(2), 317(2) BNS, Police Station - Sadabad, District - Hathras during pendecy of the trial. 2. Learned counsel appearing on behalf of the applicant/petitioner has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. It is further submitted that similarly placed co-accused persons Adarsh and Vaibhav Rawat have already been granted bail by co-ordinate Bench of this Court vide order dated 214.3.2025 and 17.4.2025 passed in Criminal Misc. Bail Application No. 8695 of 2025 and 12477 of 2025 respective and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 16.2.2025. Charge sheet has been filed on 28.3.2025 and cognizance has been taken by the court concerned on 9.4.2025. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. 3. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant during argument. 4. Heard learned counsel for the applicant, Sri Shashi Kant Rai, learned AGA and perused the material available on record. 5. Taking into consideration of aforesaid reasons as stated above and the fact that similarly placed co-accused Adarsh and Vaibhav Rawat have already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicant - Ilfaj Alias Saiji, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 12.5.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad