BAIL/5838/2026 of MOHD TAHIR @ TEHRIR Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5838 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Sri Abhinav Kumar Pandey, Learned Advocate, holding the brief of Ms. Farha Naz, the Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.465 of 2025, under Sections 109, 127(2), 115(2), 351(3), 352 B.N.S., Police Station- Bahedi,  District- Bareilly. 3. This is the second bail application. 4. The first bail application of the applicant was rejected by this Court by the order dated 19.08.2025 passed by Hon'ble Sanjay Kumar Singh, J.  5. The new ground urged by the Learned counsel for the applicant in the second bail application is that the informant and the injured of the case, both have turned hostile and have not supported the prosecution version. The applicant claims to be in jail since 19.05.2025 and almost a year has passed. He further contends that once the primary witnesses of prosecution have not supported the prosecution case in its entirety, there is no likelihood of the applicant being convicted. He further contends that the applicant has no criminal antecedents. 6. The Learned A.G.A., on the other hand, has opposed the prayer for grant of bail and has contended that the applicant has been assigned the Versus Counsel for Applicant(s) : Daksha Yadav, Farha Naz, Krishna Kumar Singh Counsel for Opposite Party(s) : G.A. Mohd Tahir @ Tehrir .....Applicant(s) State of U.P. .....Opposite Party(s) specific role of assaulting the injured Vishal, which led to serious injures including a fracture on L-1 vertebra. The Learned A.G.A., however, could not dispute the fact that the informant and the injured witness have both turned hostile to the prosecution case.  7. I have considered the submissions made by the Learned counsels for the parties and perused the material brought on the record. 8. The applicant is stated to be in jail since 19.05.2025. The informant and the injured have both turned hostile and have not supported the prosecution version. The order-sheet that has been filed today in Court and the entire material on record indicate that the witness Ramveer is to be examined next. The trial against the applicant is not likely to conclude in the near future.  9. Taking into account all the facts and circumstances of the case,  prima facie, a case for bail is made out. 10. The bail application is allowed. 11. Let the accused-applicant- Mohd. Tahir @ Tehrir, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. 12. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. BAIL No. 5838 of 2026 2 13. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded 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. 14. It is further 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. 15. The observations made hereinabove are exclusively for deciding the instant bail application and are not to be considered to be an opinion on the merits of the case. May 18, 2026 Sachin BAIL No. 5838 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad