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2025 DAILYLAW 86782 (ALL)

ANWAR KHAN v. STATE OF U.P.

BAIL/28458/2025 · 2025-08-19

Krishan Pahal

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:142390 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28458 of 2025 Applicant :- Anwar Khan Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.185 of 2025, under Sections 363, 366, 376, 342, 323, 506 I.P.C., Police Station- Kotwali, District- Pilibhit, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim by concealing his religion, as such, out of the said corporeal relationship a daughter is stated to have born, who is stated to be 12 years old. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about thirteen years and there is no explanation of the said delay caused. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 5.7.2025 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. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the inordinate delay of thirteen years in institution of FIR, 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. 8. Let the applicant- Anwar Khan, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. Order Date :- 20.8.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad