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2025 DAILYLAW 84736 (ALL)

SARTAJ ALIAS BHURA v. STATE OF U.P.

BAIL/27637/2025 · 2025-09-09

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27637 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Moeez Uddin, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.94 of 2025, under Sections 317(5), 109(1) B.N.S. and 3/25/27 Arms Act, Police Station Jansath, District Muzaffarnagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. It is a police party firing no injury case, rather the applicant has sustained firearm injury in the cross fire by the police. It is a clear-cut case of false implication. 5. Learned counsel for the applicant has further argued that certain ornaments is stated to have been recovered from the possession of the applicant. The criminal history of six cases assigned to the applicant stands explained except two cases which have been foisted on him at the time of arrest in the instant case. The applicant is languishing in jail since 15.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application on the Versus Counsel for Applicant(s) : Moeez Uddin Counsel for Opposite Party(s) : G.A. Sartaj Alias Bhura .....Applicant(s) State of U.P. .....Opposite Party(s) ground that there is six criminal history assigned to the applicant and he has not properly explained the criminal history. 7. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, (2020) 11 SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, 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- Sartaj Alias Bhura, 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 10, 2025 (Ravi Kant) BAIL No. 27637 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad