Farukh Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32604 of 2025

Farukh

.....Applicant(s)

	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Lal Bahadur, Upendra Kumar Pushkar
Counsel for Opposite Party(s)	: G.A.

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Court No. - 73

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HON'BLE SAMEER JAIN, J.

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Heard Sri Upendra Kumar Pushkar, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 49 of 2022, under Sections 323/34 and 302/34 IPC, Police Station Rorawar, District Aligarh during pendency of the trial.

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Learned counsel for the applicant submits that this is second bail application filed on behalf of the applicant and his first bail application has been dismissed after considering the fact that however, only general role of catching hold has been assigned to applicant but it is a case in which co-accused Rashid caused knife injuries to the deceased but he is pressing the second bail application on the ground that along with the applicant role of catching hold has also been assigned to co-accused Saleem and after considering his long incarceration this Court was pleased to release him on bail vide order dated 27.2.2025 passed in Criminal Misc.Bail Application No. 39636 of 2024, i.e., after rejection of first bail application of the applicant.

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He further submits that the case of applicant is at par with co-accused Saleem. He next submits that even applicant is in jail in the present matter since 15.5.2022, i.e., for the last more than three years and he is not having any previous criminal history to his credit.

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Per contra, learned AGA opposed the prayer for bail and submits that

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BAIL No. 32604 of 2025

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this is the second bail application filed on behalf of the applicant but could not dispute the fact that the role of catching hold has been assigned to the applicant and he is in jail for the last more than three years and he is not having any previous criminal history to his credit.

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Learned AGA further could not dispute the fact that similarly placed co-accused Saleem has been released on bail by this Court after rejection of the first bail application of the applicant.

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

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8.However, this is second bail application filed on behalf of the applicant and his first bail application has been dismissed after considering the fact that however only role of catching hold has been attributed to the applicant but it is a case in which by inflicting knife injuries co-accused committed the murder of the deceased but it reflects that in the present matter applicant is in jail since 15.5.2022 , i.e., for the last more than three years

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Further, role of catching hold has also been assigned to co-accused Saleem and his first bail application was also dismissed but considering his long incarceration he has been released on bail by this Court vide order dated 27.2.2025 passed in Criminal Misc.Bail Application No. 39363 of 2024 and on facts case of applicant is at par with him.

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Further, applicant is not having any previous criminal history to his credit.

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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- Farukh 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,

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BAIL No. 32604 of 2025

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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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(Sameer Jain,J.)

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October 10, 2025 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Farukh v. State of U.P.

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