Mohammad Irfan and Another Vs State of U.P.

The instant bail application has been filed on behalf of the applicants, Mohammad Irfan and Faeem with a prayer to release them on bail in Case Crime No.274 of 2025, under Sections 318(4), 338, 336(3), 340(2) of BNS, Police Station- Sirauli, District- Bareilly, during pendency of trial.

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Learned counsel for the applicants has submitted that the applicants have not committed any offence. Only Rs. 2050/- was received in the bank account of the applicants and they are not the beneficiary of Rs.1,50,000/-. No reliable material regarding receiving of Rs. 1,50,000/- is available on the record. The applicants have been falsely implicated in this case. No separate and specific role has been assigned to the applicants in the FIR or in the case diary. The applicant no.1 has criminal history of four cases and applicant no.2 has criminal history of three cases. Criminal history of both the applicants have been duly explained in paragraphs-4 and 5 of the supplementary affidavit. The applicants are languishing in jail since 26.06.2025. In case they are enlarged on bail they will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicants but he could not dispute the above facts.

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Having considered the submissions of the parties noted above, finding

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force in the submissions made by the learned counsel for the applicants; keeping in view uncertainty regarding conclusion of trial; applicants being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, bail application is allowed.

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Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicants involved in the aforesaid crime be released on bail on their furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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(i) The applicants shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A I.P.C./269 B.N.S.

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(iv) In case the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against them in accordance with law under Section 174-A I.P.C./209. B.N.S.

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(v) The applicants shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default

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as abuse of liberty of bail and proceed against them in accordance with law.

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