IRFANversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 31696 of 2026

Irfan
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)               :   Mohd. Kamar Shah Alam
Counsel for Opposite Party(s)          :   G.A.

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

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicant and learned AGA for the State
and perused the record of the case.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 0095 of 2026, under Sections 331(4), 305(a),
317(2), 112(2) BNS, Police Station Mainather, District Moradabad,
during pendency of the trial in the court concerned.

Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. Applicant was not named in the subject FIR.
Nothing incriminating has been recovered from the possession of the
applicant. It is next submitted that applicant is having no concern with the
allegations levelled against him and he has not committed any offence as
alleged by prosecution. There is no any independent witness to the alleged
incident committed by the applicant. Co-accused of the applicant namely
Arman has already enlarged on bail by this Court vide order dated
21.9.2026 passed in Criminal Misc. Bail Application No. 29024 of 2026,
and the case of the applicant stands on the same footing as that of co-
accused. Criminal history of the applicant has been duly explained in the
supplementary affidavit and he is languishing in jail since 29.5.2026. It is
also submitted that the applicant undertakes that he will not misuse the
liberty, if granted. It has also been pointed out that in the wake of heavy
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pendency of cases in the Court, there is no likelihood of any early
conclusion of trial.

The prayer for bail has been vehemently opposed by learned A.G.A.

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 applicant, Irfan be released on bail in the aforesaid case on his
executing a personal bond and furnishing two sureties each in the like
amount to the satisfaction of the court concerned subject to the following
conditions:-

(i). The applicant will not tamper with the evidence during the trial.

(ii). The applicant will not pressurize/ intimidate the prosecution witness.

(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.

(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.

(v). The applicant shall not directly or indirectly make any 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 to any police
officer or tamper with the evidence.

It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
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                                    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 23, 2026
                                    Brijesh




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