Akram vs State of U.P.

Neutral Citation No. - 2025:AHC:57564

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11867 of 2025

Applicant :- Akram Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Wadood,Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Mohd. Samiuzzaman Khan, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 804 of 2019, under Sections 302/34 and 120-B IPC, Police Station- Gangoh, DistrictSaharanpur, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that applicant was not named in the FIR and it reflects, FIR of the present case was lodged against four persons. He further submitted that during investigation, through the statement of informant, applicant has been made accused in the present matter on the basis of suspicion and it reflects, except suspicion, statement of co-accused and confessional statement of applicant, there is no other evidence against the applicant on record.

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He further submitted that however, apart from the present case applicant is having criminal history of 10 other cases but out of 10 cases, in 4 cases he has been acquitted and 5 cases were under the provisions of Arms Act and remaining one case is of Goonda Act.

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He further submitted that applicant is in jail in the present matter since 06.11.2019 i.e. for last almost five and half years.

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Per contra, learned AGA however, opposed the prayer for bail but could not dispute the fact that during investigation, applicant has been made accused in the present matter on the basis of suspicion and except suspicion, statement of co-accused and confessional statement of the applicant, there is no other evidence

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against him on record.

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Learned AGA however, submitted that apart from the present case, applicant is having criminal history of 10 other cases but could not dispute the fact that out of 10 cases, in 4 cases he has been acquitted and in the present matter, he is in jail for last almost five and half years.

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I have heard learned counsel for the parties and perused the record of the case.

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It is a case of circumstantial evidence and it reflects, during investigation, applicant has been made accused in the present matter on the basis of suspicion and it reflects, except suspicion, statement of co-accused and confessional statement of applicant, there is no other evidence against the applicant on record.

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Further, it also reflects, however, apart from the present case applicant is having criminal history of 10 other cases but out of 10 cases, in 4 cases he has been acquitted and 5 cases were under the provisions of Arms Act and remaining one case is of Goonda Act.

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Further, applicant is in jail in the present matter since 06.11.2019 i.e. for last almost five and half years.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Akram 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:-

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

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(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.

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(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.

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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.

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Order Date :- 18.4.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Akram v. State of U.P.

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Akram v. State of U.P.

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