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2025 DAILYLAW 113813 (ALL)

ABDUL MAJID v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/26/2025 · 2025-08-12

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47120 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26 of 2025 Applicant :- Abdul Majid Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jaikaran,Sheo Prakash Singh Counsel for Opposite Party :- G.A.,Mohd. Taufiq Siddiqui Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State as well as perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.0204 of 2024, under Sections 147, 148, 149, 302, 323, 307, 325, 286, 506/34 and 120-B I.P.C. and Section 7 Criminal Law Amendment Act, Police Station- Lilapur, District- Pratapgarh. Learned counsel for the applicant submits that applicant has no criminal history however, he is in jail since 01.09.2024. He submits that specific role of firing has been assigned to co- accused Shahrukh. He submits that another co-accused-Sohel who was assigned general role of firing has been granted bail by a Co-ordinate Bench of this Court vide order dated 10.06.2025 passed in Criminal Misc. Bail Application No.5239 of 2025. Applicant has not assigned any role of firing rather role of criminal conspiracy is alleged against the applicant therefore, his case is on better footing than the co-accused Sohel. He submits that the applicant is in jail since 01.09.2024. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 01.09.2024 although he has no criminal history, bail order of co-accused Sohel (supra) who was assigned the general role of firing, specific role of firing has been assigned to co-accused Sohel and not to the present applicant, applicant is alleged to have participated in conspiracy thus, case of the applicant appears to be on better footing than the co-accused Sohel (supra) to which applicant claims parity and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the grounds of parity. Let the applicant Abdul Majid be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (v) 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 of the Indian Panel Code (now Section 269 of BNS). (vi) 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. (now Section 84 BNSS) is issued and the 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 of the Indian Panel Code (now Section 209 BNS). Order Date :- 12.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench