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2025 DAILYLAW 98829 (ALL)

HASEEM UFR HASEEB URF SHERU v. STATE OF U.P.

BAIL/35085/2024 · 2025-06-30

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101448 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35085 of 2024 Applicant :- Haseem Ufr Haseeb Urf Sheru Opposite Party :- State of U.P. Counsel for Applicant :- Amarjeet Yadav,Jitendra Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Jitendra Singh, learned counsel for the applicant, Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 380 of 2022, under Sections 457, 380 I.P.C., P.S. Phoolpur, District Azamgarh. 3. Counsel for the applicant submits that the applicant was not named in the first information report and have been falsely implicated in the instant case. The name of the applicant was disclosed by the co-accused Arshad @ Bahuda in police custody. The said statement insofar as it implicates the applicant is unreliable. No incriminating articles were recovered from the possession of the applicant. Except the confessional statement of the applicant in police custody, there is no cogent evidence against him. It is next contended that co-accused Arshad @ Bahuda and Meraj have been granted bail by this Court vide orders dated 30.05.2023 and 27.04.2023 passed in Criminal Misc. Bail Application Nos. 23106 of 2023 and 18896 of 2023. The criminal history of the applicant has been explained in paragraph no. 3 respectively of the supplementary affidavit. The applicant is in jail since 22.02.2023 and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Thus, 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, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant-Haseem Ufr Haseeb Urf Sheru, involved in the aforementioned 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, with the following conditions:- i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by her. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 1.7.2025/Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad