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2026 DAILYLAW 5854 (ALL)

MOHAMMAD FARHAN v. STATE OF U.P.

BAIL/10815/2026 · 2026-09-07

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10815 of 2026 Court No. - 68 (Sr. No.61 out of 185) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Anand Kumar Singh, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.0452 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2) B.N.S., Police Station Chaubepur, District Varanasi, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is in jail since 22.02.2026, as such, the period of incarceration comes out to be about seven months. His fundamental rights enshrined under Article 21 of the Constitution of India stand violated. Not a single witness has been examined to date. There is no criminal history of the applicant. The applicant undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned State Law Officer has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. 6. This Court had called for the status of trial from the concerned Trial Court. As per the said status report dated 03.09.2026, the charge against the applicant could be framed on 14.08.2026 only and not a single witness has Versus Counsel for Applicant(s) : Anand Kumar Singh, Shivam Shukla, Vinod Kumar Counsel for Opposite Party(s) : G.A. Mohammad Farhan .....Applicant(s) State of U.P. .....Opposite Party(s) been examined to date. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the period of incarceration of the applicant and the fact that not a single witness has been examined to date, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Mohammad Farhan, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 8, 2026 (Ravi Kant) BAIL No. 10815 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad