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2025 DAILYLAW 133475 (ALL)

IMRAN AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/3069/2025 · 2025-04-11

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20517 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3069 of 2025 Applicant :- Imran Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant, Sri Anshuman Verma, learned Additional Government Advocate 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. 102 of 2025, under Sections 111(2)b, 55, 336(2) B.N.S. and Section 3/25 Arms Act, registered at Police Station Krishna Nagar, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police on 01.03.2025 at 3.38 Hrs. against four persons, including the applicant stating that while the informant Sub Inspector and other police persons were engaged in checking of suspicious vehicles and persons and prevention of crime in the area an informer told that on 28.02.2025 that persons sitting in a i20 four wheeler vehicle bearing registration no.UP-78-EQ9565 were making plans to abduct some business man and they were coming from Lok Bandhu Chauraha, Ashiyana towards Sky Hilton and they have automatic lethal weapons. 4. Upon this information the car was intercepted and three persons sitting in it including the applicant, Niyaz and Raju were arrested. Country made pistols and some cartridges were recovered from all the accused persons. The F.I.R. alleges that all the accused persons confessed that they are involved in various criminal cases and they were planning to abduct a businessman of Lucknow named Manish Agarwal at the behest of a businessman Manish Agarwal of District Bahraich. 5. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present because of his criminal history which has been disclosed in para 20 of the bail application, as per which the applicant is involved in 5 other case, in 4 of which he has been granted bail and in one case his arrest has been stayed by this court. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations against the applicant are serious in nature and the investigation is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the police claimed to have got an information that the persons sitting in a moving car were planning to abduct some businessman and this information was received while the vehicle was already moving from Lok Bandhu Chauraha, Ashiyana towards Sky Hilton and it is not understandable as to what were the means available with the informer or the police persons from which they came to know about the contents of the conversation held between the persons sitting inside the moving car, whereas the distance between the Lok Bandhu Chauraha, Ashiyana and Sky Hilton is about one kilometer only and it takes about two minutes to cover this distance by car, prima facie it appears that the police officer has cooked up a story which is not believable and the application is languishing in jail since 01.03.2025 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Imran Ahmad 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 :- 11.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench