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2026 DAILYLAW 2398 (ALL)

TAHIR AHMAD v. STATE OF U.P.

BAIL/16130/2026 · 2026-05-11

Ashutosh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16130 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Shashi Dhar Shukla, learned counsel for the applicant, Shri Bijendra Kumar, 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. 172 of 2024, under Sections 305, 317(2), 331(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kalwari, District Basti. 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 27.07.2024. Learned counsel for the applicant further contended that a similarly situated co-accused, namely Abhishek Nigam, has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 24.02.2025 passed in Criminal Misc. Bail Application No. 46265 of 2024. It is also submitted that the applicant has a criminal history of 12 cases, which has been duly explained in paragraphs no. 12 and 13 of the bail application. Counsel further submitted that in most of the cases, the applicant has already been granted bail and there 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 Versus Counsel for Applicant(s) : Shashi Dhar Shukla Counsel for Opposite Party(s) : G.A. Tahir Ahmad .....Applicant(s) State of U.P. .....Opposite Party(s) 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, Tahir Ahmad, 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. 16130 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad