SHARIF AND 2 OTHERSversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 16376 of 2026

Sharif And 2 Others
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                       :   Arvind Agrawal
Counsel for Opposite Party(s)                  :   G.A.

Court No. - 72
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard learned counsel for the applicants, learned A.G.A. for the State
and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 55 of 1989, under Sections 325, 308
of I.P.C., Police Station- North, District- Firozabad, during the pendency
of the trial.

3. Learned counsel for the applicants contends that the applicants have
been falsely implicated in the present case. Initially, the First Information
Report (FIR) was lodged for offences under Sections 147, 452, 323 IPC
and the applicants were on bail in the said case. The proceedings were
challenged before this Court. And this Court, by means of its order dated
23.07.1999 passed in Application u/s 482 No.2628 of 1999, had granted
interim protection to the petitioners therein and the said order was then
extended vide order dated 12.10.1999 till the next date of listing. Learned
counsel contends that it appears that the application under Section 482
No. 2628 of 1999, referred to above, was dismissed on 30.11.2010.
However, the applicants could not get the information regarding the said
dismissal. On coming to know of the issuance of process under Section 82
Cr.P.C. against the applicants, the applicants filed their anticipatory bail
application and finally their anticipatory bail application was rejected by
this Court vide order dated 12.03.2026 passed in NABAIL No. 1407 of
2026. The applicants were granted time to appear before the concerned
Court and apply for bail within four weeks, which they did. However,
their bail applications were rejected. The applicants are old aged persons
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                                 2


the applicant no. 1 is aged about 50 years and applicant nos. 2 and 3 are
63 years of age. The applicants have no criminal antecedents.

4. The learned AGA has opposed the prayer for bail and has contended
that the applicants were absconders, which is also mentioned in the order
of this Court refusing to grant anticipatory bail to the applicants. The
learned AGA has however not been able to point out any criminal
antecedents of the applicants.

5. I have considered the submissions made by the learned counsel for the
parties.

6. Initially, the FIR was lodged for offences under Sections 147, 323 and
452 IPC. The applicants are stated to be on bail for the said offences. The
applicants were granted interim relief in Application u/S 482 No. 2628 of
1999. The offences under Sections Section 325 and 308 IPC appear to
have been subsequently added. The maximum punishment prescribed for
the offences alleged against the applicants is seven years. The applicants
are all stated to be old aged, with the applicant nos. 2 and 3 being senior
citizens. The applicants are in jail since 06.04.2026. The trial against the
applicants is not likely to conclude in the near future.

7. Taking into account the entire facts and circumstances of the case, a
prima facie case for bail is made out.

8. The bail application is allowed.

9. Let the applicants - Sharif, Shamshad and Aslam, involved in the
aforementioned crime be released on bail, on their furnishing a personal
bond and two reliable sureties each in the like amount, to the satisfaction
of the Court concerned, subject to the following conditions:

i. The applicants will not tamper with the evidence.

ii. The applicants will not indulge in any criminal activity.

iii. The applicants will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

iv. The applicants will appear regularly on each and every date fixed by
the trial Court, unless their personal appearance is exempted by the Court
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                                    concerned.

                                    10. In the event of breach of any of the aforesaid conditions, the trial
                                    Court will be at liberty to proceed to cancel their bail.

                                    11. It is made clear that the applicants shall be released on the basis of
                                    computer generated copy of this order, downloaded from the official
                                    website of High Court Allahabad and verified by the concerned counsel
                                    with the undertaking that the certified copy will be filed within 15 days.

                                    12. It is further directed that the trial court shall send the release order to
                                    the concerned jail through Bail Order Management System (BOMS) to
                                    ensure early release of the applicants.

                                    13. The observations made hereinabove are exclusively for deciding the
                                    instant bail application and shall not be construed as an opinion on the
                                    merits of the case.



                                                                                       (Rajiv Lochan Shukla,J.)
                                    May 14, 2026
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad