FAHEEM UDDINversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 11701 of 2026

Faheem Uddin
                                                               .....Applicant(s)
                                      Versus

State of U.P.
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)                            :    Mushir Khan
Counsel for Opposite Party(s)                       :    G.A.

Court No. - 64
                      HON'BLE VIVEK VARMA, J.

1. Heard Sri Amit Daga, Senior Advocate assisted by Mr. Mushir Khan and
Mr. Kamrul Hasan Siddiqui, counsels for the applicant, 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. 390 of 2025, under Sections 319(2),
318(4), 336(2), 336(3), 338, 121(1), 61(2) B.N.S. and 66D I.T. Act, Police
Station- Alapur, District- Budaun during pendency of the trial.

3. Counsel for the applicant submits that the applicant has been falsely
implicated in the present case. The informant is the Executive Officer of
Nagar Panchayat Aalapur, Badaun. The wife of the applicant is the
Chairman of the said Nagar Panchayat. The applicant is neither an employee
of the said Nagar Panchayat nor in any manner connected with its affairs and
had no role to play in the alleged incident. It is next contended that the
alleged dongle (DSC) was in possession of the co-accused Gargi Gupta, who
is stated to be working as clerk in the said Nagar Panchayat. The applicant
has neither forged nor fabricated any documents. At this stage, there is no
corroborative evidence to link the applicant with the offence. The criminal
history of the applicant has been explained in para 38 of the bail application
and in para 2 of the supplementary affidavit. The applicant is in jail since
9.3.2026. In case he is enlarged on bail, he will not misuse the said liberty.

4. Learned A.G.A. has opposed the prayer for bail. He submits that the
applicant has criminal antecedents.
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5. After hearing the rival contentions, this Court prima facie finds that at this
stage, there is no corroborative evidence to establish that the applicant was
involved in forgery or fabricated any false documents.

6. In so far as criminal antecedents of the applicant is concerned, it is not the
case of the State that applicant might tamper with or otherwise adversely
influence the investigation, or that he might intimidate witnesses before or
during the trial. The State has also not placed any material that applicant in
past attempted to evade the process of law. In the opinion of this Court if the
accused is otherwise found to be entitled to bail, he cannot be denied bail
only on the ground of criminal history, no exceptional circumstances on the
basis of criminal antecedents have been shown to deny bail to accused,
hence, the Court does not feel it proper to deny bail to the applicant just on
the ground that he had criminal antecedent.

7. In Ash Mohammad Vs. Shiv Raj Singh, (2012) 9 SCC 446, the Apex
Court in para 30 has observed:-

"We may hasten to add that when we state that the accused is a history-
sheeter we may not be understood to have said that a history-sheeter is
never entitled to bail. But, it is a significant factor to be taken note of
regard being had to the nature of crime in respect of which he has been
booked."

8. In the case of Prabhakar Tewari Vs. State of U.P. and another, 2020
(11) SCC 648, the Hon'ble Supreme Court has observed that pendency of
several criminal cases against an accused may itself cannot be a basis for
refusal of bail.

9. Further, the applicant has remained confined for almost two months, there
is no hope of early conclusion of trial and without commenting on the merits
of the case, I am of the opinion that the applicant is entitled to be enlarged
on bail.

10. Let the applicant- Faheem Uddin involved in the aforesaid case be
released on bail on his furnishing a personal bond and two heavy sureties (in
view of criminal history) each in the like amount to the satisfaction of the
court concerned subject to conditions that he:
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                                    (i) shall appear on the date fixed by the trial court;

                                    (ii) shall not tamper with the prosecution evidence;

                                    (iii) shall not pressurize the prosecution witnesses.

                                    11. In case of breach of any of the above conditions, the prosecution shall be
                                    at liberty to move bail cancellation application before this Court.



                                                                                                (Vivek Varma,J.)
                                    May 6, 2026
                                    S.S.




Digitally signed by :-
SIDDHARTH SRIVASTAVA
High Court of Judicature at Allahabad