Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25111 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Alok Ranjan Mishra, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer and perused the material placed on record.
3. This is the second bail application filed on behalf of the applicant. The first bail application was rejected by coordinate Bench of this Court vide
order dated 28.08.2024 passed in Criminal Misc. Bail Application No. 47416 of 2023.
4. Applicant seeks bail in Case Crime No. 484 of 2023, under Sections 323, 307, 504, 506 I.P.C., Police Station Banna Devi, District Aligarh, 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. It is further contended that in the present matter, applicant is in jail since 28.07.2023 i.e. for more than two years and during trial, only one witness has been examined till date.
6. Learned counsel for the applicant has further argued that there is no criminal history of the applicant 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 State Law Officer has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Alok Ranjan Mishra, Amrita Rai Mishra Counsel for Opposite Party(s) : G.A. Mohammad Farman .....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, taking into
consideration the fact that applicant is having no criminal history, period of incarceration and during trial, only one witness has been examined till date 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- Mohammad Farman, 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 #Vik/- BAIL No. 25111 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad