Waseem vs State of U.P.

Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.508 of 2025, under Sections 109(1), 115(2), 351(3), 352, 3(5) BNS, Police Station- Katghar, District Moradabad.

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Contention of learned counsel for the applicant is that for an incident, brother of the applicant had lodged an FIR as Case Crime No.505 of 2025 against the first informant, in which the applicant's brother had also received injury. Subsequently, for the same incident, the FIR in question i.e. Case Crime No.508 of 2025 has been lodged making general allegation against four accused persons including the applicant. No specific allegation has been made against the applicant. He further submitted that co-accused Sartaz having similar role to that of applicant has been released on bail by this Court in Criminal Misc. Bail Application No.35676 of 2025 vide order dated 15.10.2025. Therefore, the applicant is entitled to be released on bail. It is further submitted that the applicant has no criminal history and he is languishing in jail since 21.08.2025. 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 but could not dispute the aforesaid fact.

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Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that similarly situated co-accused has been granted bail by this Court 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- Waseem involved in the aforementioned crime be released on

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BAIL No. 39092 of 2025

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2

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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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

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Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 .

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November 10, 2025 A.Kr.

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(Arun Kumar Singh Deshwal,J.)

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

Waseem v. State of U.P.

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Waseem v. State of U.P.

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