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2025 DAILYLAW 8641 (ALL)

ZULFIKAR AND ANOTHER v. STATE OF U.P.

BAIL/1921/2025 · 2025-03-19

Deepak Verma

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:40504 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1921 of 2025 Applicant :- Zulfikar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Samiuzzaman Khan,Zeeshan Khan Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No. 518 of 2024, registered under Sections 115(2), 352, 333, 351(2), 109, 125 BNS, Police Station Pilkhuwa, District Hapur, during pendency of the trial. 3. Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Allegation against the applicants are false and baseless and not supported by any evidence. Applicants having no concern with the alleged incident. Applicant implicated being father of minor accused. Charge sheet has been submitted. The applicants are languishing in jail since 08.11.2024 having no criminal history. In case, the applicants are released on bail, they will not misuse the liberty of bail and co-operate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicants. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicants, Zulfikar and Shahnawaz, who are involved in the aforesaid case crime, be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicants shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 20.3.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad