Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20661 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that the F.I.R. was lodged against five accused including the applicant and some unknown persons with the allegation that on account of previous dispute arose on 02.04.2025 all the accused have made firing and in that incident one person sustained firearm injuries, who in his statement has assigned role of causing firearm injuries to the co-accused. Thus, specific role of causing firearm injuries has been assigned to the co-accused, Farman @ Chhote and no specific role has been assigned to the applicant. There is no recovery of any incriminating article from the pointing out or from the possession of applicant and if any recovery is made the same has been implanted upon the applicant with no independent witness. Two co- accused, Mujahid and Nadeem alias Pa, who were having no specific role as has been assigned to the applicant have already been enlarged on bail and the case of applicant is not on the worse footing than that of the aforesaid two co-accused, therefore, applicant may be enlarged on bail on the ground of parity. 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 there is a criminal history of 14 cases of the applicant and in all the cases he is on bail. The applicant is in jail since
15.04.2025. 3.
Per contra, learned A.G.A. has opposed the prayer for bail of the Versus Counsel for Applicant(s) : Arvind Kumar Srivastava, Sunil Kumar Saroj Counsel for Opposite Party(s) : G.A. Zakir Alias Zatthal .....Applicant(s) State of U.P. .....Opposite Party(s)
applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Zakir Alias Zatthal, be enlarged on bail in Case Crime No. 215 of 2025, under Sections 109(1), 191(2), 115(2), 352, 351(2), 333, 324(3) of B.N.S., Police Station- Lisari Gate, District- Meerut, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with 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 any 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 default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 1, 2025 Mustaqeem. BAIL No. 20661 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad