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Neutral Citation No. - 2025:AHC:139593 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28018 of 2025 Applicant :- Salma Begum Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Rana,Pallavi Rani 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 in the year 2001 an advertisement was published inviting application for appointment of Assistant Teacher wherein the essential qualification was Intermediate with Urdu or Alin Arbiwa Farsi Board Lucknow, pursuant to the aforesaid advertisement, the applicant was appointed as an Assistant Teacher in Madarsa Jamiya Farukiya, Revri Talab, District Varanasi in the year 2001.
Learned counsel further submits that in the year 2014 a first information report was lodged against the applicant and seven other persons on the ground that the applicant does not possession 55% marks in Intermediate. Learned counsel has drawn attention of this Court to Annexure-2 to the affidavit accompanying the bail application and argued that there was no such essential qualification that the applicant must possess 55% marks. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel next argued that the applicant has no criminal history. 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 23.07.2025.
3. Per contra, learned A.G.A. has opposed the prayer for bail of the
applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.
4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.
5. Let applicant Salma Begum Ansari involved in Case Crime No. 55 of 2014 under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Bhelupur, District Varanasi, be released on bail on furnishing a personal bond and two local sureties each of 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.
7. The bail application is allowed.
Order Date :- 14.8.2025/S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad