Jubair vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Jubair vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Jubair in Case Crime No. 626 of 2024, under Sections 179, 180 of B.N.S., Police Station Hapur Nagar, District Hapur, on executing a personal bond and furnishing two local sureties each in the like amount, subject to conditions: (i) not tampering with prosecution evidence; (ii) not threatening or harassing prosecution witnesses; (iii) appearing on dates fixed by the trial court; (iv) not committing any similar offence; (v) not inducing, threatening or promising any person acquainted with the facts so as to dissuade disclosure or tamper with evidence. Default of any condition permits cancellation of bail in accordance with law.

Issue for consideration

Whether bail should be granted to the applicant Jubair in Case Crime No. 626 of 2024 under Sections 179, 180 of B.N.S., Police Station Hapur Nagar, District Hapur.

Court's answer

Considering the overall facts and circumstances, the nature of allegations and the gravity of offence, and without expressing any opinion on merits, the Court found the case to be a fit case for bail.

Ratio / Principle

The bail application was allowed and the applicant Jubair was directed to be enlarged on bail in Case Crime No. 626 of 2024 under Sections 179, 180 of B.N.S. on executing a personal bond and furnishing two local sureties each in the like amount, subject to the enumerated conditions.

Key takeaways

In case of default of any of the bail conditions, the court concerned is at liberty to cancel the bail of the applicant in accordance with law.ratio¶¶17

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Dr. Gautam Chowdhary, J.; Neutral Citation 2025:AHC:70350) allowed a Criminal Misc. Bail Application (No. 4145 of 2025) filed by Jubair, named in the F.I.R. of Case Crime No. 626 of 2024 under Sections 179, 180 of the B.N.S., Police Station Hapur Nagar, District Hapur. Though named in the F.I.R., the applicant was never arrested by the police; his involvement surfaced through the confessional statement of co-accused Arman, who was arrested on the spot with one note of Rs. 100/- and one note of Rs. 200/- alleged to be fake. The applicant was in custody since 07.11.2024. Granting bail without expressing any opinion on merits, the Court directed enlargement on a personal bond with two local sureties in the like amount, subject to conditions barring tampering with evidence, threatening or harassing witnesses, non-appearance, commission of similar offences and inducement of witnesses; breach of any condition entitles the court concerned to cancel the bail in accordance with law.

Neutral Citation No. - 2025:AHC:70350

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4145 of 2025

Applicant :- Jubair Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

Learned counsel for the applicant has argued that though the applicant is named in the F.I.R., but he was not arrested by the police. From the possession of arrested accused-Arman, one note of Rs. 100/- and one note of Rs. 200/- were shown to have been recovered and it was alleged that that currency notes were fake. The name of applicant came into light in the confessional statement of the co-accused, Arman, who was arrested on the spot. As to the criminal history that has been explained. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 07.11.2024.

Learned A.G.A. for the State has opposed the prayer for bail.

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

Let the applicant- Jubair, be enlarged on bail in Case Crime No. 626 of 2024, under Sections 179, 180 of B.N.S., Police StationHapur Nagar, District- Hapur, on executing a personal bond and

furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses.

iii) The applicant shall appear on the date fixed by the trial court.

iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.

Order Date :- 2.5.2025

Mustaqeem.

Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad