Jaharuddin Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. His name has surfaced in the confessional statement of the co-accused person. He further submits that the applicant is languishing in jail since 21.09.2025 without having any criminal antecedents.

¶13

Learned counsel for the applicant submits that the co-accused Kutubuddin who was assigned the similar role has been enlarged on bail by this Court vide order dated 13.11.2025 passed in criminal misc. bail application No. 10766 of 2025. Learned counsel for the applicant seeks parity with the order of the co-accused.

¶14

It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

¶15

Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, as also the period for which the applicant is in jail i.e. since 21.09.2025; coaccused Kutubuddin has been granted bail; the fact that from pointing out of four accused persons, 2 banka and 3 knives were said to have recovered, to which there is no independent witness and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant

¶16

BAIL No. 10806 of 2025

¶17

2

¶18

on bail on the ground of parity.

¶19

Accordingly, the bail application is allowed on the ground of parity.

¶20

Let the applicant Jaharuddin, involved in Case Crime/FIR No. 455 of 2025, Under Sections- 325 B.N.S and Section 3/5A/8 Cow Slaughter Act, Section 11 of the Animal Cruelty Act and Section 4/25 Arms Act, Police Station- Kotwali Nanpara, District- Bahraich, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (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 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS).

¶21

It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

¶22

(Karunesh Singh Pawar,J.)

¶23

November 17, 2025 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Jaharuddin v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Jaharuddin v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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