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2025 DAILYLAW 121665 (ALL)

AZAD KHAN v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME, LKO.

BAIL/1469/2024 · 2025-05-23

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30956 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1469 of 2024 Applicant :- Azad Khan Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home, Lko. Counsel for Applicant :- Firoz Ahmad Khan,Archana Rawat,Mohd.Anas Siddiqui,Rahul Kumar Kaushal Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Archana Rawat, the learned counsel for the applicant as well as Sri Ravi Srivastava, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 29 of 2023, under Sections 333, 353, 354-B, 394, 307, 376, 511, 34, 411 I.P.C., registered at Police Station GRP Ayodhya Cantt, District Ayodhya/Faizabad. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 30.08.2023, stating that some unknown person had assaulted the informant's sister with some sharpedged weapon, who is a head constable in U.P. Police. While she was coming by train from Mankapur to Ayodhya Hanumangadhi. The GRP took her to Ayodhya from where she was referred to Medical College, Lucknow. 4. The victim could not described the incident properly in her statement recorded under Section 161 Cr.P.C and in her additional statement, she stated that a person aged 50-53 years had tried to snatched away her bag, another pulled her hair and the third person had assaulted on her face with a knife due to which she fell down. The accused persons tried to throw her down the train by pulling her pants, her pants tore away but her belt was intact on her waist. In another additional statement, the victim has stated that an accused person had put his hand in her pants with evil intention. 5. The medico legal examination report of the victim mentions several lacerated wounds but no sexual violence come to light from the findings of the medico legal examination. 6. The victim identified one of the assailants Anees form the photograph shown to her by the police. Anees has been killed in an encounter. At the time of his encounter, Anees was accompanied by the applicant and another person Vishambhar Dayal Dubey and in the custodial statements, the applicant and Vishambhar Dayal Dubey have confessed their involvement in commission of the offence. Vishamber Dayal Dubey has granted bail by means of an order dated 12.11.2024 passed by a coordinate bench of this court in Criminal Misc. Bail Application No. 1156 of 2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that a co-accused who was accompanied with the applicant in the incident, has already been granted bail, I am of the view that the applicant is also entitled to be released on bail on the ground of parity. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Azad Khan be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. (Subhash Vidyarthi,J.) Order Date :- 23.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench