Jursheed Alias Dursheed Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26597 of 2025

Jursheed Alias Dursheed

.....Applicant(s)

	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: S.P.S. Chauhan, Sukhendra Singh
Counsel for Opposite Party(s)	: G.A.

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Court No. - 68

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

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Heard Sri Sukhendra Singh, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record.

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The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 184 of 2025, under Sections 126(2), 115(2), 352, 109(1) of the Bharatiya Nyaya Sanhita, 2023, and Section 4/25 of Arms Act, Police Station Banna Devi, District Aligarh.

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Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered with some delay of which no satisfactory explanation has been submitted. He further submits that nothing incriminating material has been recovered from the possession of the applicant. He further submits that there is no independent witness of the alleged incident. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. In the present case, cognizance has been taken on 08.07.2025 and the trial is going on at snail's pace. He further submits that there is contradiction in the statement of witnesses which belies the prosecution story. He submits that no specific role and motive has been assigned to the applicant in the present case. The applicant is languishing in jail since 11.04.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with

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BAIL No. 26597 of 2025

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2

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evidence in case of release on bail. Hence, the bail has been prayed for.

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Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant.

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Considering all those 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 primafacie 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, Jursheed Alias Dursheed, 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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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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

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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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October 28, 2025 pks

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(Ashutosh Srivastava,J.)

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

Jursheed Alias Dursheed v. State of U.P.

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Jursheed Alias Dursheed v. State of U.P.

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