Allahabad High Court
MOHD FARHAN RAZAversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
Bail under Section 61(2) CrPC was granted as the applicant had no antecedents, a charge sheet was filed, and there was no necessity for further custodial interrogation, subject to strict conditions.
Summary
The Allahabad High Court considered a second bail application filed by Mohd. Farhan Raza under Section 61(2) of the Criminal Procedure Code in connection with Crime No. 492 of 2025. The applicant had previously been granted bail in other sections, but the new charge was added during investigation, prompting a fresh application. The counsel highlighted that a charge sheet had already been filed, the applicant had no prior criminal record, and further custodial interrogation was unnecessary. The State opposed the bail but could not dispute the factual matrix. Weighing the seriousness of the offence, the risk of evidence tampering, and the prima facie case, the court granted bail with conditions of sureties, non‑tampering, non‑intimidation of witnesses, and regular court appearances.
Issues considered
- Whether bail can be granted under Section 61(2) CrPC when a new charge is added during investigation.
- Whether the applicant poses a risk of tampering with evidence or intimidating witnesses.
- Whether the filing of a charge sheet and lack of criminal antecedents justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 61(2)
Subjects
- bail
- Section 61(2) CrPC
- criminal procedure
- witness tampering
- sureties
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33523 of 2026
Mohd Farhan Raza
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Kumar Mishra, Mohd. Zaid
Counsel for Opposite Party(s) : G.A.
Court No. - 50
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant and Shri Yagyavalka Pandey,
learned AGA for the State and perused the entire material available on
record.
The applicant- Mohd. Farhan Raza, has filed this second bail application
with a prayer to enlarge him on bail in Case Crime No. 492 of 2025, under
Sections 61 (2) of BNS, Police Station-Kotwali, District-Bareilly, during the
pendency of the trial.
Learned counsel for the applicant submits that the applicant has already been
granted bail by this Court in Criminal Misc. Bail Application No. 44035 of
2025 vide order dated 07.09.2026 in other sections except Section 61 (2)
BNS which has been added during the course of investigation and as such he
has filed the present bail application. In support of this bail application,
learned counsel for the applicant has reiterated the entire submissions made
in the Criminal Misc. Bail Application No. 44035 of 2025, which are not
necessary to mention herein again by this Court.
Apart from the above, learned counsel for the applicant submits that in the
present case Charge sheet has been filed by the Investigating Officer against
the applicant and there is no need of further custodial interrogation of the
applicant. Applicant has no criminal antecedents. Learned counsel for the
applicant further submits that there is no possibility of conclusion of trial in
near future. He, therefore, submits that on the above grounds, the applicant is
liable to be enlarged on bail.
BAIL No. 33523 of 2026
2
Learned AGA has vehemently opposed, but could not dispute the aforesaid
facts.
Considering all those facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
facie case, but without commenting on merit of case, a case for bail is made
out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Mohd. Farhan Raza, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
September 23, 2026
Deepak/
Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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