Sarfaraz Alam Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 31747 of 2025

Sarfaraz Alam

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)		: Sharique Ahmed
Counsel for Opposite Party(s)		: G.A.

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Court No. - 69

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Heard Sri Sharique Ahmed, learned counsel for the applicant, Sri Raushan Kumar Singh, learned A.G.A. for the State and perused the record.

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Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 06 of 2025, under Sections 109, 352, 131, 351(3) of the BNS, Police Station- Chakeri, District Kanpur Nagar.

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Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the instant case. He further submitted that general role has been assigned to all the accused persons and co-accused Sahil having similar role to that of applicant has been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.16799 of 2025 vide order dated 16.09.2025. Therefore, he is seeking parity of the order aforesaid. He argued that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 05.01.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State opposed the prayer for bail.

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BAIL No. 31747 of 2025

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Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Sarfaraz Alam involved in the aforementioned crime 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:-

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i. 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.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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