MAHBOOB ALAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/766/2025 · 2025-07-01
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148792 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148792 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37040
Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 766 of 2025 Applicant :- Mahboob Alam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mohd. Taufiq Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.47 of 2025 under sections 191(2), 191(3), 190, 288, 61(2), 109(1), 352, 324(2), 351(3) BNS, 8 CLA, 1932, P.S. Delhupur, district Pratapgarh. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the first information report that the named accused persons, on 15.5.2025 at about 9.30p.m. with common intention to kill have fired upon the complainant. The complainant has entered into his house and bolted the door from inside. He informed the police. On seeing the police they ran away while hurling abuses against the complainant. 4.Learned counsel for the applicant submits that earlier also, on the same set of facts, the present complainant has lodged a first information report No.47 of 2025 vide Annexure No.8 and after few days, the present first information report has been lodged by him. In this case, no one is injured. The co-accused Mohd. Imran, Mohd. Afsar and Mohd Azaz Ahmad have been granted bail by court below vide order filed as Annexure No.3 to the bail application. The applicant has
been falsely implicated. There is no recovery from the applicant. The alleged recovery has been shown from the sons of the applicant who has been granted bail. The applicant is 62 years old. He has explained criminal history in para 17 of the bail application.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. 5.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not dispute the argument advanced by learned counsel for the applicant. 6.Considering the above aspects of the matter, the fact that the applicant has explained criminal history, the undertaking given on behalf of the applicant that he will cooperate in the investigation/trial, no one is injured in this case and there is no recovery from the applicant and as such possibility of false implication cannot be ruled out, investigation is going on, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7.In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer. 8.The applicant shall cooperate in the investigation/trial and he will not influence the witnesses. In case of default, it would be open for the investigating agency/trial court to proceed in accordance with law.
Order Date :- 1.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench