Aman Alias Amaan vs State of U.P.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15128 of 2026

Aman Alias Amaan

.....Applicant(s)

Versus

State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Aniket Agarwal, Saurabh Kesarwani Counsel for Opposite Party(s) : G.A. Court No. - 64

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HON'BLE VIVEK VARMA, J.

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Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State. Perused the record.

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The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 112 of 2026, under Sections 111(2)(B), 318(4), 115(2), 351(2), 352, 308(5) B.N.S., Police Station- Civil Lines, District- Moradabad, during pendency of the trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have taken place on 24.2.2026, whereas the first information report was lodged on 28.2.2026. The inordinate in lodging the first information report is fatal to the prosecution case. No indecent video or photographs of the husband of the informant has been recovered by the investigating officer. No amount has been credited in the bank account of the applicant. The applicant has no concern with the alleged incident. Recovery of a mobile phone and Rs.2000/- has been shown from the applicant. It is contended that the said mobile phone and Indian currency belong to the applicant. There is no independent to the alleged recovery. The recovered mobile phone and Indian currency do not connect the applicant with any offence. The applicant is neither a member of any organized crime syndicate nor he acted on behalf of such syndicate. It is next contended that co-accused Waseem has been granted bail by this Court vide order dated 07.04.2026 passed in Criminal Misc. Bail Application No.11669 of 2026. Applicant claims parity. The applicant is in jail since 1.3.2026 having no criminal history. In case he is

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BAIL No. 15128 of 2026

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enlarged on bail, he will not misuse the said liberty.

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Learned A.G.A. for the State opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that the first information report has been lodged belatedly. No indecent video or photographs of the husband of the informant has been recovered by the investigating officer. There is no independent to the alleged recovery. The co-accused Waseem has been granted bail by this Court. The applicant has no criminal antecedents. Further, the applicant has presently remained confined for more than two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting 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, Aman Alias Amaan , involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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i. the applicant shall not tamper with the prosecution evidence;

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ii. the applicant shall not pressurize the prosecution witness;

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iii. the applicant shall appear on each and every date fixed by the trial court.

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