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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27745 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicants, Sri N. K. Sharma, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 189 of 2026, under Sections 318(4), 338, 336(3), 340(2) and 111(3) B.N.S., and Sections 66C and 66D I. T. Act, Police Station- Shergarh, District- Mathura during pendency of the trial. 3. Counsel for the applicants contends that the applicants have been falsely implicated in the present case. False recovery of a mobile phone and an Aadhaar Card and a SIM card has been shown from each of the applicants. There is no independent witness to the alleged recovery. No amount relating to any illicit transaction has been credited to the bank accounts of the applicants. The applicants are not beneficiaries of any illicit transaction. At this stage, there is no corroborative evidence to link the applicants with the offence. It is next contended that the applicants are neither members of any organized crime syndicate nor have they acted on behalf of any such syndicate. Criminal history of applicant no.1 has been explained in paragraph no.2 of the supplementary affidavit. Applicant no.2 has no criminal history. The applicants are in jail since 07.07.2026 and if they are released on bail, they will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Garun Pal Singh Counsel for Opposite Party(s) : G.A. Rizwan And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
6. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that there is no independent witness to the alleged recovery. At this stage, there is no corroborative evidence to link the applicants with the offence.
Moreover, the applicants have remained confined for more than two months and there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. 7. Let the applicants- Rizwan and Shahid, involved in the aforesaid case, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that they: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 24, 2026 Abhishek BAIL No. 27745 of 2026 2 (Vivek Varma, J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad