MOHD. IRSHAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/3261/2025 · 2025-07-09
Karunesh Singh Pawar
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 134976 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134976 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:38916 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3261 of 2025 Applicant :- Mohd. Irshad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Lalji Yadav,Vishnu Prakash Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.66 of 2023, under Section 307 I.P.C., P.S. Dostpur, District Sultanpur. In the prosecution case it is alleged that while the Sub-Inspector Gulam Ghaus Khan was busy in checking the vehicles along with other constables, he received information that suspicious vehicle No.MH 04 DW 1624 is coming from Kadipur to Dostpur and when police personnel tried to stop the vehicle, the accused persons tried to kill the police personnel under the vehicle by enhancing the speed of the vehicle however, they were saved except home-guard Ram Surat Yadav who was badly injured by the said vehicle.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case. He submits that recovery of vehicle is doubtful. The ownership of the vehicle has not been ascertained by the Investigating Officer. Applicant is not the owner of the vehicle, he is alleged to be driving the vehicle. The injuries received by the injured are simple in nature in the form of lacerated wound 1 x 0.5 cm on left side of forehead just above the left eyebrow as well as one abrasion 1 x 0.5 cm on left elbow joint. He submits that although the incident is said to
have taken place on a road still there is no independent witness. He submits that the applicant is in jail since 10.02.2025. Applicant has explained the criminal history in paragraph 9 of the bail application. Learned A.G.A. has 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 10.02.2025, statement of the injured so also the injury report and the fact that applicant has explained the criminal history 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. Let the applicant Mohd. Irshad 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 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 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 209 BNS.
Order Date :- 9.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench