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2025 DAILYLAW 141459 (ALL)

ULFAT ANSARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

BAIL/4620/2025 · 2025-09-08

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4620 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that the co-accused Niyaj Ansari has been granted bail by a coordinate bench of this Court vide order dated 23.6.2025 passed in Criminal Misc. Bail Application No. 4064 of 2025. He submits that an undertaking has been given by him that he will deposit an amount of Rs. 99,500/-. Another co-accused Riyaz Alam has also been granted bail by a coordinate bench of this Court vide order dated 17.7.2025 passed in Criminal Misc. Bail Application No. 4464 of 2025. Hence, the present applicant seeks parity with the bail orders of the said co-accused. It is further submitted that the applicant has no criminal history and he is languishing in jail since 14.02.2025. Charge-sheet in the case has been filed. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the bail orders of the co-accused named above, an undertaking given by the co- accused Niyaj Ansari to deposit the the alleged amount so also the fact that t Versus Counsel for Applicant(s) : Mohammad Imran, Dinesh Kumar, Prabhakar Pandey Counsel for Opposite Party(s) : G.A. Ulfat Ansari .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) he applicant has no criminal history; he is languishing in jail since 14.02.2025; charge-sheet in the case has been filed and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Ulfat Ansari involved in Case Crime No. 21 of 2025, under Sections 318, 338, 238, 111(2) of B.N.S. & Section 66D of Information and Technology Act, 2005, Police Station- Wazeerganj, District- Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 BAIL No. 4620 of 2025 2 accordance with law, under Section 209 of B.N.S. September 8, 2025 Shravan BAIL No. 4620 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench