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Neutral Citation No. - 2025:AHC:124128 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25770 of 2025 Applicant :- Arshad And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.
2. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case due to enmity. Learned counsel for the applicants further submits that the F.I.R. was lodged against applicant no.1 and some unknown persons. The applicant no.1 was nominated in the F.I.R. only on the basis of suspicion. Suspicion howsoever grave, is no substitute for evidence. The applicants are languishing in jail since 20.06.2025. Lastly it is contended by the learned counsel for applicants that the applicants shall not abscond and will fully cooperate in the criminal law proceedings. The applicants shall not tamper with the evidence nor influence the witnesses in any manner.
3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicants by contending that the innocence of the applicants 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 applicants-Arshad, Lukman @ Saddam, Mohd. Farman, Saleem, be enlarged on bail in Case Crime No. 104 of 2025, under Sections 191(2), 109(1), 131, 126(2), 115(2), 324(4), 3(5) of B.N.S., Police Station- Nagina, District- Bijnor, 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 applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appear on the date fixed by the trial court. iv) The applicants shall not commit any offence similar to the offence of which the applicants are accused, or suspected of the commission. v) The applicants 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 applicants in accordance with law.
Order Date :- 28.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad