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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27305 of 2026 Court No. - 82 HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the accused-applicant, learned A.G.A. for the State and perused the material available on record. 2. Supplementary affidavit filed today is taken on record. 3. This bail application has been moved on behalf of the accused- applicant/ Sartaz for grant of bail, in Case Crime No.15 of 2026, under Sections 109, 118(1), 115(2), 352, 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station Hafizpur, District Hapur, during pendency of trial. 4. This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 23.4.2026 passed in Criminal Misc. Bail Application no. 10853 of 2026. The new grounds on which the applicant is seeking enlargement on bail through this application is that during trial, four prosecution witnesses, namely, PW-1 Shahrukh, PW-2 Tajkar, PW-3 Mursaleem and PW-4 Junaid have been examined during the trial and only formal witnesses remains to be examined. Learned counsel for the applicant further submits that, the accused-applicant is languishing in jail in this matter, since 27.02.2026, without having any criminal antecedents and there is no likelihood that, the accused-applicant, after release on bail, may flee from the process of law or will misuse the liberty of bail. 5. Learned A.G.A. appearing on behalf of State opposes the prayer for bail of the applicant, however, he could not dispute the aforesaid facts. Versus Counsel for Applicant(s) : Mohammad Belal Counsel for Opposite Party(s) : G.A. Sartaz .....Applicant(s) State of U.P. .....Opposite Party(s)
6. As per the records, four witnesses have already been examined, who are witnesses of fact, and the trial has progressed to some extent. It may also be noted that the likelihood of influencing the witnesses is also probable, as formal witnesses are yet to be examined. Therefore, there is a change in the circumstances since the passing of the earlier order dated
23.04.2026. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. 7.
Let the applicant, Sartaz be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release. ii. He will not tamper with the witnesses. iii. He will not indulge in any illegal activities during the bail period. 8. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. 9. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. September 7, 2026 Mini BAIL No. 27305 of 2026 2 (Harvir Singh,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad