Aftab Ahmad Alias Guddu and Another vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Aftab Ahmad Alias Guddu and Another vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted to both applicants (Aftab Ahmad @ Guddu and Abdul Bari) on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to conditions of not tampering with prosecution evidence, not pressurizing prosecution witnesses, and appearing on every date fixed by the trial court; prosecution free to seek bail cancellation on breach of any condition.

Issue for consideration

Whether the applicants, charged in Case Crime No. 60 of 2024 under Sections 419, 420, 467, 468, 471 I.P.C. (Police Station Rasra, District Ballia), are entitled to be enlarged on bail during pendency of the trial.

Court's answer

Having heard counsel for the parties and perused the record, this Court prima facie finds the present dispute to be purely civil in nature and that no sale deed has been executed by the applicants.

Ratio / Principle

The applicants have no criminal antecedents, have remained confined for more than three months, there is no hope of early conclusion of trial, and no reasonable apprehension was brought to the fore by the State that the applicants, if enlarged on bail, would tamper with evidence or intimidate witnesses.

Key takeaways

Without commenting on the merits of the case, the applicants are entitled to be enlarged on bail.ratio¶10
Both applicants (Aftab Ahmad @ Guddu and Abdul Bari) are directed to be released on bail upon furnishing a personal bond and two sureties each of the like amount, to the satisfaction of the court concerned.ratio¶11
Release is subject to conditions: the applicants shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court; on breach of any condition, the prosecution is at liberty to move a bail cancellation application before this Court.

Detailed headnote1 paragraphs

Bail granted under Section 439 Cr.P.C. to applicants Aftab Ahmad Alias Guddu (@ Guddu) and Abdul Bari, held in Case Crime No. 60 of 2024 under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Rasra, District Ballia. Court prima facie found the dispute purely civil in nature, observed no sale deed had been executed by the applicants, noted absence of criminal antecedents, confinement exceeding three months, no prospect of early trial conclusion, and no State-raised apprehension of evidence tampering or witness intimidation; bail granted without commenting on merits, on a personal bond and two sureties each of like amount, subject to conditions (non-tampering with evidence, non-pressurization of witnesses, attendance on all trial-court dates), with liberty to the prosecution to move for cancellation of bail on breach.

Neutral Citation No. - 2025:AHC:33816

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1708 of 2025

Applicant :- Aftab Ahmad Alias Guddu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh,Vinod Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 60 of 2024, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station- Rasra, District- Ballia during pendency of the trial.

Counsel for the applicants submits that the applicants are the close relatives of the informant and have been falsely implicated in the present case. No sale deed has been executed by the applicants in favour of any third party. The dispute is purely civil in nature. The applicants are in jail since 12.11.2024 and having no criminal history. In case they are enlarged on bail, they will not misuse the said liberty.

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having heard counsel for the parties and having perused the record, this Court prima facie finds the the present dispute is purely civil in nature. No sale deed has been executed by the applicants. The applicants have no criminal antecedents. Further the applicants have presently remained confined for more than three months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail.

Let the applicants, Aftab Ahmad @ Guddu and Abdul Bari involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following

conditions that:

i. the applicants shall not tamper with the prosecution evidence;

ii. the applicants shall not pressurize the prosecution witness;

iii. the applicants shall appear on each and every date fixed by the trial court.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 6.3.2025 Kumar Manish

Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad