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2025 DAILYLAW 93158 (ALL)

TAUFEEQ @ SWAMI AND ANOTHER v. STATE OF U.P.

BAIL/30738/2025 · 2025-09-15

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30738 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Amit Rai, learned counsel for the applicants, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.175 of 2025, under Sections 109(1) and 3(5) B.N.S. and Section 3/4/25/27 Arms Act, Police Station-Haldaur, District-Bijnor, during the pendency of trial. 4. Learned counsel for the applicants have stated that the applicants have been falsely implicated in the present case. Instant case is a police party firing injury case. The alleged injury appears to have been fabricated, as its nature does not indicate that it is grievous.. Co-accused Raes has sustained gun-shot injury in the cross-fire by the police. Criminal history of one case stands explained. The applicants are languishing in jail since 03.07.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the injury sustained by police party is simple in nature, and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 7. Let the applicants- Taufeeq @ Swami and Sadiq, who are involved in aforementioned 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 evidence during trial. Versus Counsel for Applicant(s) : Amit Rai, Sunil Bajpay Counsel for Opposite Party(s) : G.A. Taufeeq @ Swami And Another .....Applicant(s) State of U.P. .....Opposite Party(s) (ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 16, 2025 Karan BAIL No. 30738 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad