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2025 DAILYLAW 76097 (ALL)

ZAHID v. STATE OF U.P.

BAIL/25206/2025 · 2025-08-12

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137662 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25206 of 2025 Applicant :- Zahid Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that the applicant is not named in the F.I.R. and he has been arrested by the police on 18.02.2025 thereby falsely implicating him in the present case showing the false recovery of silver ornament and cash of Rs. 11,750/- He further submits that the alleged recovery is false and fabricated and is not supported by any independent witness. The recovery has been planted by the police only to show their good work. Learned counsel further argued that no identification parade has been conducted. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. 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 applicant is languishing in jail since 19.02.2025. 3. Learned AGA has vehemently opposed the bail application and submits that in case the applicant is released on bail he will misuse the liberty of bail. 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 Zahid be released on bail in S.T.No.616 of 2025, arising out of Case Crime No.62 of 2025 under Sections 309(4), 317(2) of B.N.S. Police Station Shivli, District Kanpur Dehat, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned subject to 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 an 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 breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 13.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad