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2025 DAILYLAW 119907 (ALL)

NOOR MOHAMMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO

BAIL/829/2025 · 2025-03-19

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15847 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 829 of 2025 Applicant :- Noor Mohammad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Santosh Kumar Srivastava, learned counsel for the applicant, Sri Alok Kumar Srivastava, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 356 of 2024, under Section 105 of BNS, 2023, registered at Police Station Baskhari, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.10.2024 against the applicant and one Shahnawaz stating that due to an old animosity and property dispute the accused persons assaulted the informant's husband Aash Mohammad at about 7.00 p.m. on 02.10.2024 with knife. She took her husband to Medical College, Lucknow for treatment where he died during treatment on 03.10.2024. An inquest and postmortem examination were conducted. She stated that she had a videograph of the incident. The informant's son stated before the Investigating Officer that the F.I.R. was lodged when he got complete information about the incident and came to know that the accused persons had killed his father. The inquest report was witnessed by the informant's son Mohd. Shamim and during inquest proceedings he stated that some person had stabbed his father. 4. In the affidavit filed in support of the bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident occurred on 02.10.2024; that in the inquest proceedings conducted on 04.10.2024 the victim's son had stated that some person had stabbed his father and in the F.I.R. lodged on 30.10.2024 he stated that the accused persons had stabbed his father; that in the statement given under Section 180 BNSS he stated that upon making enquiries he came to know that the accused persons had killed his father, but he did not reveal the source of his information; that the applicant has no previous criminal history and he is languishing in jail since 07.12.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Noor Mohammad be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 19.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench