AHMAD ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO
BAIL/3888/2025 · 2025-05-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138594 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138594 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26238 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3888 of 2025 Applicant :- Ahmad Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- S.K. Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri S.K. Tripathi, learned counsel for the applicant, Sri Akhilesh Kumar Vyas, learned Additional Government Advocate-I for the State and Sri Dildar Khan, learned counsel for the informant, who has filed his vakalatnama, which is taken on record and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.76 of 2025, under Sections 103(1) B.N.S., registered at Police Station Dubagga, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.02.2025 against the applicant, his son, Mohd. Tauheed and some unknown persons, stating that the informant's brother used to talk to a girl from the side of the accused persons through phone due to which the accused persons came to the informant's house at about 06:30 PM on 20.02.2025 and they started abusing and beating the person. During this, the informant's father Ahmad Ali fell down and he started feeling difficulty, he was taken to the hospital where he died during treatment. 4. The post mortem report mentions two contusions on the deceased and the cause of death could not be ascertain. 5. 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. 6. The learned Additional Government Advocate-I as well as the informant have opposed the bail application. Learned
A.G.A-I has produced copies of relevant extract of case diary for perusal of the Court. Yasmin Bano, an eyewitness has stated that the informant's father had fallen down. Another eyewitness Tanveer Ahmad has given a similar statement. Learned A.G.A-I has also stated that the investigation of the case is still going on. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R states that the informant's father had fallen down during the incident and not that he had fallen down because of the injuries or because of he having been pushed down by any accused person; the cause of death could not be ascertain and it has not come in the post mortem examination report that the victim died due to head injury; that no weapon is said to have been used in the incident and no other person is said to have received injury in the incident; that the applicant has no criminal history and he is languishing in jail since 22.02.2025, 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 case. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Ahmad Ali 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 :- 6.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench