Mohd Tanveer vs State of U.P.

Neutral Citation No. - 2025:AHC:49654

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10074 of 2025

Applicant :- Mohd Tanveer Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J .

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Heard Shri Dharmendra Pratap Singh, learned counsel for the applicant and learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant seeking enlargement on bail in Case Crime No. 224 of 2024, under Sections 115 (2), 352, 351 (2), 109 (1), 3 (5) of Bharatiya Nyaya Sanhita, 2023, Police Station-Pipri, District Kaushambi.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 24.11.2024. Learned counsel for the applicant submits that First Information Report has been lodged on 22.11.2024 against six known and three unknown persons and applicant herein is named accused with the allegation that on the day of alleged incident the complainant his brother, mother and wife were present at their petrol pump one Guddu, with his son Mohd. Saifi and Mohd Ariz came there demanded ransom of Rs. 1.5 Lakh per month and when the informant denied they called their associates hurled abuses and after snatching licensee pistol of the informant opened fire upon the first informant and Dipendra. Learned counsel for the applicant submits that the injured in his statement has assigned the role of giving fire arm shot to one Guddu. No specific role has been assigned to the applicant. He further submits that it is a case of sudden provocation. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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Co-accused namely Cheddan alias Tufail Ahmad has already been released on bail vide order dated 02.04.2025 passed by this Court in Crl. Misc. Bail Application No. 9823 of 2025 and applicant is seeking parity.

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Learned AGA has vehemently opposed the prayer for bail but could not dispute the fact that the applicant has no criminal antecedents.

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Considering all above 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.

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Accordingly, the bail application is allowed.

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Let the accused-applicant, Mohd. Tanveer, 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:

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1. The applicant will not tamper with the evidence.

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2. The applicant will not indulge in any criminal activity.

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

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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.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 7.4.2025 VS

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Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Mohd Tanveer v. State of U.P.

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Mohd Tanveer v. State of U.P.

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