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2025 DAILYLAW 148859 (ALL)

SABIR SHAH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANR.

BAIL/6123/2025 · 2025-07-01

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36918 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6123 of 2025 Applicant :- Sabir Shah And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Anr. Counsel for Applicant :- Mohammad Shahzad Ahmad,Faraz Ahmad,Shamshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicants and learned A.G.A. for the State. The accused-applicants seek bail in Case Crime No. 41 of 2024 under Sections 191(2), 191(30, 109(1), 115(2), 352, 351(3) B.N.S, Police Station- Lalganj, District - Pratapgarh. Learned counsel for the applicant submits that the First Information Report has been lodged against eight named accused persons, including the applicants. The applicants have been assigned the role of causing injuries with lathi and danda. However, the allegations are general in nature. A specific role of causing injury with a farsa has been attributed to co-accused Irshad @ Chand Babu. The injuries sustained by the injured Ashraf Khan do not corroborate the role assigned to the present applicants. Co-accused persons, namely Sakir @ Lateef Shah and Monu @ Arif, have already been granted bail by a coordinate Bench of this Court vide order dated 25.06.2025, passed in Criminal Misc. Bail Application No. 5664 of 2025. The applicants seek parity with the bail granted to the said co-accused persons. Learned counsel for the applicant further submits that the applicants have no criminal antecedents. The applicants are in jail since 7.2.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute that it is a case of parity. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. Considering the facts that three persons on the side of the applicant have sustained injuries, no specific role has been assigned to the present applicants, the charge sheet has been filed, the applicants have no prior criminal history, and they seek parity with the co-accused who were assigned similar roles and have been granted bail by a coordinate Bench of this Court and keeping in view that the applicants are in jail since 07.02.2025, without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed on the ground of parity. Let the applicants Sabir Shah and Jabir Shah be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicants 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 applicants 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 them under Section 229-A of the Indian Penal Code. (vi) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 1.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench