Allahabad High Court
Daud Ahmad vs State Of U.P. Thru. Prin. Secy. Home … on 17 June, 2025
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:35738 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5346 of 2025 Applicant :- Daud Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the material available on 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.0015/2025, under Sections 318(4), 338, 336(3), 340(2), 341(1) of B.N.S. and Section 66(C) of I.T. Act, Police Station- Cyber Crime Police Station Bahraich, District- Bahraich.
3. Learned counsel for the applicant submits that the applicant is an innocent person and he is in jail since 12.05.2025. He further submits that co-accused – Siraj Ahmad, Mohd. Wasi Khan and Suhail Khan, having identical role, have already been granted bail by this Court vide orders dated 29.05.2025, 04.06.2025 and 05.06.2025 respectively passed in Criminal Misc. Bail Application Nos.4833 of 2025, 5084 of 2025 and 5110 of 2025 respectively. In these circumstances, the applicant is also entitled for bail on the ground of parity. He further submits that the applicant is having criminal history of three cases, i.e. (i) Case Crime No.517 of 2017, under Section 3/7 of Essential Commodities Act, Police Station- Risia, District- Bahraich, (ii) Case Crime No.78 of 2021, under Sections 147, 148, 323, 504, 506, 186, 332 & 307 I.P.C., Police Station- Risia, District- Bahraich, (iii) Case Crime No.0050 of 2022, under Sections 323, 504, 506 I.P.C., Police Station- Risia, District- Bahraich. In the first case, i.e. Case Crime No.517 of 2017, the applicant has been granted bail by this Court vide order dated 27.04.2017 and in the second and third case, i.e. Case Crime No.78 of 2021 and Case Crime No.0050 of 2022, arrest of the applicant as well as co-accused has been stayed by this Court vide orders dated 12.04.2021 and 20.03.2023 respectively. Copies of the orders are annexed as Annexure Nos.7, 8 and 9. He also submits that in case of being enlarged on bail, the applicant will not misuse the liberty of bail.
4. Learned A.G.A. has opposed the prayer of the applicant for grant of bail, but he conceded the fact that co-accused – Siraj Ahmad, Mohd. Wasi Khan and Suhail Khan, having identical role, have already been granted bail by this Court.
5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, bail order of the co-accused -Siraj Ahmad, Mohd. Wasi Khan and Suhail Khan, ground of parity as well as totality of fact and circumstances, I am of the view that the applicant is entitled to be released on bail.
6. Accordingly, the bail application is allowed.
7. Let applicant – Daud Ahmad be released on bail in aforesaid case crime number, on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned 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 IPC.
(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., 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 IPC.
(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. 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.
Order Date :- 17.6.2025
Anand/-