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2025 DAILYLAW 67340 (ALL)

ABDUL AZIZ v. STATE OF U.P.

BAIL/20564/2025 · 2025-09-21

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20564 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Babu Lal Ram, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.01 of 2025, under Section 143(5) B.N.S., Police Station Anti Human Trafficking Unit Varanasi, District Varanasi, during the pendency of trial. 4. As per prosecution story, the police had apprehended the applicant alongwith five children, who were minor, on 09.04.2025 at about 6:30 p.m. from the train at Varanasi Railway Station. 5. Learned counsel for the applicant has argued that the applicant has nothing to do with the said offence. He as a bona fide act was taking the said children for tourism at Delhi and has been falsely implicated in the present case. All the children were above 14 years of age. The applicant is the relative of the victims, as such, it is not a case of child trafficking. 6. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 10.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Babu Lal Ram, Gyanendra Kumar Counsel for Opposite Party(s) : G.A. Abdul Aziz .....Applicant(s) State of U.P. .....Opposite Party(s) 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Abdul Aziz, 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 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. September 22, 2025 (Ravi Kant) BAIL No. 20564 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad