Farman Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Farman Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Enlargement on bail of accused-applicant Farman on execution of a personal bond and two reliable sureties each in the like amount, subject to conditions: (1) not tamper with evidence; (2) not indulge in criminal activity; (3) not pressurize/intimidate prosecution witnesses and cooperate in trial; (4) appear regularly on dates fixed by the trial court unless appearance exempted through counsel; breach of any condition permits the court below to cancel the bail.

Issue for consideration

Whether the accused-applicant Farman should be enlarged on bail in Case Crime No. 205 of 2025, registered under Sections 325, 111 of the Bharatiya Nyaya Sanhita, 2023, Police Station Inchauli, District Meerut.

Court's answer

Considering the facts and circumstances, the nature of accusations, severity of punishment on conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, but expressly without commenting on the merit of the case, the Court held that a case for bail is made out.

Ratio / Principle

The bail application is allowed, and the accused-applicant Farman is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned.

Key takeaways

Release is subject to four conditions (not tampering with evidence, no criminal activity, not pressurizing/intimidating prosecution witnesses and cooperating in trial, regular appearance on trial dates); in the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel the bail.ratio¶¶22

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Court No. 66 (single-judge bench of Hon'ble Ashutosh Srivastava, J.), decision of September 17, 2025: Criminal Misc. Bail Application No. 24984 of 2025 moved under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by accused-applicant Farman seeking bail in Case Crime No. 205 of 2025, under Sections 325, 111 of the Bharatiya Nyaya Sanhita, 2023, Police Station Inchauli, District Meerut. Counsel Shri J.B. Singh contended the applicant is innocent and falsely implicated, in jail since 29.6.2025, that the case was earlier registered under a bailable offence before he was roped in under Section 111 BNS, that there is no evidence he formed or belongs to any syndicate, and that he has no criminal antecedent; the learned AGA (Shri Purshuttom Maurya) opposed. Without commenting on the merit of the case, the Court found a case for bail made out, allowed the application, and directed release on a personal bond and two reliable sureties each in the like amount, subject to conditions of non-tampering, abstention from criminal activity, protection of prosecution witnesses with cooperation in trial and regular attendance, breach of which empowers the court below to cancel the bail. No precedents were cited and no monetary bond figure was specified.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 24984 of 2025

Farman

.....Applicant(s)

Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: J.B. Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 66

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri J.B. Singh, learned counsel for the applicant, Shri Purshuttom Maurya, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Farman, seeking enlargement on bail in Case Crime No. 205 of 2025, under Sections 325, 111 of the Bharatiya Nyaya Sanhita, 2023, Police Station Inchauli, District Meerut.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 29.6.2025. Learned counsel for the applicant submits that earlier the case was registered against the applicant under bailable offence. Later on, he has been roped in Section 111 of BNS. Learned counsel for the applicant submits that there is no evidence on record to establish the fact that applicant has either formed any syndicate or a member of syndicate. 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.

Learned AGA has vehemently opposed the prayer for bail.

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

BAIL No. 24984 of 2025

2

out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Farman , 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

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

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 17, 2025

Ravi Prakash

Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad