Allahabad High Court

Safatullah v. State of U.P. thru. Prin. Secy. Home Lko

BAIL/4201/2026

Decision date
2026-06-09
Text availability
Full text
Judges
Rajeev Singh

Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗

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Judgment text

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4201 of 2026 Safatullah .....Applicant(s) Versus State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) Counsel for Applicant(s) : Irfan Alam, Saniya Ansari Counsel for Opposite Party(s) : G.A. Court No. - 11 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.251 of 2022, under Sections 352, 419, 420, 467, 468 & 471 I.P.C., Police Station-Tulsipur, District-Balrampur. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. As per the prosecution case, the applicant is only associate of the main accused and he further submitted that the main accused namely Rahmatullah has already been enlarged on bail vide order dated 23.03.2026 passed by a coordinate Bench of this Court in Criminal Misc. Bail Application no.1820 of 2026. The applicant is in jail since 03.05.2026 and he has no criminal antecedent as also he is ready to cooperate in investigation. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

4. Learned A.G.A. opposes the prayer for grant of bail to the applicant, but he does not dispute the fact that the applicant is only associate of the main accused - Rahmatullah. BAIL No. 4201 of 2026 2 5. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, including that the applicant is the only associate of the accused, I am of the view that the applicant is entitled to be released on bail. 6. The bail application is allowed. 7. Let the applicant-Safatullah, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.20,000/-and two sureties each in the like amount, subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 B.N.S.S. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C./209 B.N.S. BAIL No. 4201 of 2026 3 (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. (Rajeev Singh,J.) June 9, 2026 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench