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2025 DAILYLAW 149606 (ALL)

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

BAIL/6269/2025 · 2025-07-08

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38666 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6269 of 2025 Applicant :- Nasir Shah Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another 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 applicant and learned A.G.A. for the State. The accused-applicant seek bail in Case Crime No. 41 of 2025 under Sections 191(2), 191(3), 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 applicant. The applicant has 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 applicant. 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 applicant seeks parity with the bail granted to the said co- accused persons. Learned counsel for the applicant further submits that the applicant has no criminal antecedents. The applicant is 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 applicant, the charge sheet has been filed, the applicant has 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 applicant is 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 applicant-Nasir 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 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 under Section 269 of BNS. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS 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 accordance with law, under Section 209 BNS. Order Date :- 8.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench