Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 143744 (ALL)

SHAHBAZ @ MOHD. SHAHBAZ AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/635/2025 · 2025-08-04

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:45174 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 635 of 2025 Applicant :- Shahbaz @ Mohd. Shahbaz And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mohd. Salman,Ana Fatma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohd. Salman, learned counsel for the applicants, Sri Hansraj Verma, learned AGA for the State and perused the records. 2. The instant application has been filed seeking release of the applicants on anticipatory bail in Case Crime No. 0099/2023, under Sections 147, 148, 149, 323, 504, 506 & 307 I.P.C., Police Station Kandhai, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an FIR lodged on 03.04.2023 against seven persons, including the applicants, stating that all the accused persons had assaulted the informant's son. Co-accused Sebu had fired at him with country made pistol but the fire missed him. 4. The injury report mentions lacerated wounds over right side of head and over left back of head, abrasion over right upper back and abrasion over right wrist joint. All the injuries are opined to be simple in nature. 5. In the affidavit filed in support of the application, it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history. 6. Co-accused Mahtab has been granted anticipatory bail by means of order dated 31.07.2025 passed by a coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No. 634 of 2025. Another accused person Danish has been granted bail by means of an order dated 04.08.2025 passed by this Court in Criminal Misc. Bail Application No. 840 of 2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the injuries cause in the incident are simple in nature; the FIR does not level any specific allegation against the applicants; and two co-accused persons have been granted anticipatory bail, I am of the view that the applicants are also entitled to be released on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants-Shahbaz @ Mohd. Shahbaz and Rijvan @ Phullu @ Rijvan Ahamad before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicants shall make himself available for interrogation by a police officer as and when required; (ii) that the applicants 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; (iii) that the applicants shall not leave India without the previous permission of the court' (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicants shall not pressurize/ intimidate the prosecution witness. Order Date :- 4.8.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench