FARHANversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 28525 of 2026

Farhan
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)          :   Anurag Shrivastava, Sr. Advocate
Counsel for Opposite Party(s)     :   G.A., Shishir Tandon

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

Short counter affidavit on behalf of the informant and counter affidavit on
behalf of the State filed today are taken on record.

Heard Sri Anurag Shrivastava, learned counsel for the applicant, Sri
Shishir Tandon, learned counsel for the informant, learned AGA for the
State and perused the record.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 342 of 2026, under Sections 319(2), 318(4), 338,
336(3), 340(2), 61(2) BNS, Police Station Kotwali City, District Bijnor,
during the pendency of trial.

It is argued by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the present case due to ulterior
motives. It is submitted that the applicant has no criminal antecedents and
is neither a previous convict nor is any criminal case pending against him,
except the present case. One criminal history of the applicant has been
duly explained in the bail application. It is further submitted that the
dispute in question arises out of a matrimonial dispute between the
husband and wife, and the parties have amicably settled their dispute by
entering into a compromise. In pursuance of the said compromise, the
applicant has handed over three cheques in favour of the informant,
amounting to a total sum of Rs. 28,00,000/-, towards settlement of the
monetary claim/dispute between the parties. Thus, the continuation of the
applicant in judicial custody is not warranted, particularly when the
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parties have arrived at an amicable settlement. It is further submitted that
the applicant is languishing in jail since 25.06.2026 and that there is no
likelihood of his absconding, tampering with the prosecution evidence or
influencing the witnesses. The applicant undertakes to cooperate with the
trial. In case the applicant is released on bail, he shall not misuse the
liberty of bail.

Per contra, learned counsel for the informant as well as learned A.G.A.
have not disputed the aforesaid submissions made by learned counsel for
the applicant. Learned counsel for the informant, by referring to the short
counter affidavit filed on behalf of the informant, has supported the
submissions advanced by learned counsel for the applicant and has drawn
the attention of the Court to paragraphs 4 and 5 thereof, wherein the
relevant facts, including the settlement/compromise between the parties,
have been stated.

Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of learned counsel
for the parties, this Court is of the view that the applicant is entitled to be
enlarged on bail during the pendency of the trial. Accordingly, without
expressing any opinion on the merits of the case, the instant bail
application is allowed.

Let the applicant-Farhan be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or any police officer
or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social
activity.
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                                    In case of breach of any of the above condition, the prosecution will be at
                                    liberty to move an application before this Court for cancellation of the
                                    bail of the applicant.

                                    It is clarified that the observations made herein are limited to the facts
                                    brought in by the parties pertaining to the disposal of bail application and
                                    the said observations shall have no bearing on the merits of the case
                                    during trial.



                                                                                       (Jai Prakash Tiwari,J.)
                                    September 9, 2026
                                    Brijesh




Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad