JAHID KHAN v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.
BAIL/6164/2025 · 2025-08-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148781 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148781 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46507 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6164 of 2025 Applicant :- Jahid Khan Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Amit Kumar,Vijay Kumar Asthana Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sri Anupam Yadav, Advocate holding brief of Sri Vijay Kumar Asthana, learned counsel for the applicant, Smt. Kamlesh Kumari, 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.110 of 2025, under Sections 109, 191(2), 191(3), 115(2), 118(1), 352, 352(2) of B.N.S. registered at Police Station- Padua, District- Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.03.2025 against ten named persons, including the applicant and some unnamed persons, stating that because of a dispute regarding partition of property all the accused persons entered the informant's house and assaulted numerous persons and the informant. 4. Four persons were examined medically and none of them have suffered any grievous injuries. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. A supplementary affidavit has been filed on behalf of the applicant disclosing applicant's involvement in 3 other cases in all of which he has been granted bail. 6. Learned counsel for the applicant has submitted that co- accused persons Shoaib, Kafeel and Mubarak have been granted bail by this court by means of orders dated 30.07.2025 and 05.08.2025, passed by a this Court in Crl. Misc. Bail Application No.3595 of 2025 and 7240 of 2025. 7. The State has filed counter affidavit annexing therewith copy of material collected during investigation and a copy of charge
sheet dated 15.05.2025. 8. The learned A.G.A. has opposed the prayer for bail and she has submitted that the allegations have been established in investigation and it is only thereafter that the charge sheet has been submitted against the applicant. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. levels similar allegations against numerous accused persons; that the injuries caused in the incident are not grivious in nature and three co-accused persons have already been granted bail, whereas the applicant is languishing in jail since 11.04.2025, whereas the investigation already stands concluded 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Mubarak be released on bail in the aforementioned 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 :- 8.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench