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2026 DAILYLAW 11551 (ALL)

FARMAN v. STATE OF U.P.

BAIL/34727/2026 · 2026-09-28

Vivek Varma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34727 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State-opposite party. Perused the material available on record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 179 of 2026, under Section 105, 223(2) B.N.S., Police Station- Baniather, District- Sambhal, during the pendency of trial. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. There was no prior enmity between the applicant and the deceased. The incident in question is purely accidental in nature. The applicant neither possessed the requisite knowledge nor any intention for committing the alleged offence. Vague and general allegations have been levelled against the applicant. At this stage, there is no corroborative evidence to link the applicant with the offence. Identically placed co-accused Mehshar has already been granted bail by this Court vide order dated 28.09.2026 passed in Criminal Misc. Bail Application No. 34538 of 2026. The applicant claims parity. The applicant is in jail since 27.8.2026 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned Brief Holder for the State has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that there was no prior enmity between the parties. Versus Counsel for Applicant(s) : Saurabh Tripathi, Shadab Alam Counsel for Opposite Party(s) : G.A. Farman .....Applicant(s) State of U.P. .....Opposite Party(s) Vague and general allegations have been levelled against the applicant. At this stage, there is no credible evidence to establish that the applicant had the requisite knowledge or intention to commit the alleged offence. Co-accused Mehshar has already been granted bail by this Court. Moreover, the applicant has no criminal antecedents and has remained confined for more than a month and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting 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 Farman, involved in the aforesaid case 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 the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 29, 2026 Abhishek BAIL No. 34727 of 2026 2 (Vivek Varma, J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad