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2025 DAILYLAW 65920 (ALL)

FAEEM v. STATE OF U.P.

BAIL/19281/2025 · 2025-07-21

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119589 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19281 of 2025 Applicant :- Faeem Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed by learned counsel for the applicant and counter affidavit filed by learned A.G.A. today are taken on record. 3. Heard Sri Vinod Kumar Tripathi, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record. 4. Applicant seeks bail in Case Crime No. 110 of 2025, under Sections 109(1), 3(5) of BNS and Section 3/25/27 of Arms Act and Section 3/5/8 of Cow Slaughter Act, Police Station Najibabad, District Bijnor, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. 6. Learned counsel has further stated that false recovery of 45 kg of beef have been foisted on the applicant. The applicant has been made scapegoat by the police to show some good work. It is a clear cut case of false implication. 7. The criminal history assigned to the applicant has been explained. The applicant is languishing in jail since 03.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and without expressing any opinion on the merit of the case, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Faeem, who is involved in aforementioned 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 following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 22.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad