Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 97749 (ALL)

SADDAM HUSSAIN v. STATE OF U.P. AND 3 OTHERS

BAIL/32174/2025 · 2025-10-05

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. - 32174 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Anand Kumar Tiwari, learned counsel for the applicant as well as Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.603 of 2025, under Sections 74, 109(1), 351(2) B.N.S. and 7/8 POCSO Act and 4/25 Arms Act, Police Station- Faridpur, District- Bareilly, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have assaulted the father of the victim with sword causing injuries to him. 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. There is no date and time of offence mentioned in the FIR, as such, the FIR itself stands delayed. 6. Learned counsel for the applicant has further stated that even the injury report does not corroborate the prosecution story as no injury was found to have been caused by a sharp edged weapon as one lacerated wound has been found on the skull of the injured person and one injury is contusion on the scapula. As such, it is a clear cut case of false implication. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 24.7.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Anand Kumar Tiwari Counsel for Opposite Party(s) : G.A. Saddam Hussain .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 8. Per contra, learned State Law Officer has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the injuries sustained by the injured person coupled by the fact that no date and time of offence is mentioned in the FIR, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Saddam Hussain, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. October 6, 2025 Vikas Verma BAIL No. 32174 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad