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2026 DAILYLAW 4202 (ALL)

SAJID KHAN v. STATE OF U.P.

BAIL/5108/2026 · 2026-04-20

Ashutosh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5108 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Sanjay Singh, learned counsel for the applicant, Shri Gaurav Kumar Srivastava, learned A.G.A. for the informant and 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. 95 of 2025, under Sections 318(4), 319(2), 61(2), 338, 336(3), 340(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali, District Rampur. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 09.12.2025. Applicant is not named in the F.I.R. His name came into existence during investigation of the case. Learned counsel for the applicant submits that similarly circumstanced co-accused namely Ishrat and Smt. Shahana have already been enlarged on bail by this Court as well as by the co-ordinate Bench of this Court on 16.04.2026 and 18.02.2026 in Criminal Misc. Bail Application No. 12755 of 2026 & 4952 of 2026. Applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 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, Versus Counsel for Applicant(s) : Sanjay Singh Counsel for Opposite Party(s) : Gaurav Kumar Srivastava, G.A. Sajid Khan .....Applicant(s) State of U.P. .....Opposite Party(s) 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, Sajid Khan, 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. April 21, 2026 Vibha Singh BAIL No. 5108 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad