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2026 DAILYLAW 1831 (ALL)

IMTIYAZ ALI v. STATE OF U.P.

BAIL/15144/2026 · 2026-05-11

Ashutosh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15144 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Rakesh Pati Tiwari, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 171 of 2024, under Sections 413, 414, 420, 468, 469, 471 of I.P.C., Police Station Hafizganj, District Bareilly. Learned counsel for the applicant submitted that the accused-applicant is innocent and has been falsely implicated in the present case crime number. It is further submitted that the applicant has been languishing in jail since 28.03.2026. Learned counsel for the applicant further contended that a similarly situated co-accused, namely Shakeel, has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 25.02.2026 passed in Criminal Misc. Bail Application No. 6006 of 2026. It is also submitted that the applicant has a criminal history of three cases, which has been duly explained in paragraph no. 13 of the bail application. Counsel further submitted that the applicant has already been granted bail in two of the said cases, while in the remaining case, charge-sheet has already been submitted against him. It has further been argued that there Versus Counsel for Applicant(s) : Rakesh Pati Tiwari Counsel for Opposite Party(s) : G.A. Imtiyaz Ali .....Applicant(s) State of U.P. .....Opposite Party(s) is no likelihood of the applicant fleeing from the course of justice or tampering with the prosecution evidence in the event of his release on bail. Accordingly, prayer has been made to enlarge the applicant on bail. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Imtiyaz Ali, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. May 12, 2026 Vibha Singh BAIL No. 15144 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad