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2025 DAILYLAW 6756 (ALL)

FAIJAAN ALIAS FAIJAM KHAN v. STATE OF UTTAR PRADESH THROUGH PRINCIPAL HOME SECRETARY, LUCKNOW (U.P)

BAIL/770/2025 · 2025-04-06

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:50468 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 770 of 2025 Applicant :- Faijaan Alias Faijam Khan Opposite Party :- State Of Uttar Pradesh Through Principal Home Secretary, Lucknow (U.P) Counsel for Applicant :- Adarsh Srivastava,Reena Pal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Faijaan @ Faijam Khan, seeking enlargement on bail in Case Crime No. 402 of 2024, under Sections 191 (2), 191 (3), 190, 109 (1), 115 (2), 352, 351 (2), 132, 125, 309 BNS and under Section 7 of Criminal Law Amendment Act, Police Station Shikarpur, District Bulandshahr. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 25.11.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present incident, ;merely because he is resident of same village, wherein the raid of the awarded accused Fakhruddin took place. The present FIR has been lodged with the sole motive of harassing the applicant; nothing has been recovered from the possession of the applicant; the police team has falsely implicated the applicant and other villagers merely to create terror and pressure upon the villagers to show good work; no specific role has been assigned to the applicant. Applicant has no role for causing the injuries to the police team and the first information report lodged against the applicant is based on surmises and conjectures. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Faijaan @ Faijam Khan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 7.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad