JAMAL-UL-RAHMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/6589/2025 · 2025-07-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150446 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150446 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:40907 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6589 of 2025 Applicant :- Jamal-Ul-Rahman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Mohd. Taiyab,Faraz Ahmad,Mohd. Saqib Khan 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 as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.65 of 2025, under Sections 316(2), 3(5), 338, 336(3), 340(2), 317(2) BNS, P.S. Bijnor, District Lucknow. In the prosecution case it is alleged that a truck loaded with rice was hijacked and did not reach its destination. The co-accused Bilal is named in the F.I.R. and is shown to be the driver.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case. He is not named in the F.I.R. The name of the applicant has been introduced by the police on the basis of alleged recovery on 10.03.2025. The recovery memo contradicts the F.I.R. In the recovery memo, applicant is shown as driver. The co-accused Afjal Khan has been granted bail by the Co-ordinate Bench of this Court vide
order dated 20.05.2025 passed in Criminal Misc. Bail Application No.4355 of 2025 to which applicant seeks parity. Applicant has no criminal history. Applicant is in jail since
14.03.2025.
Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 14.03.2025, bail order of co-accused Afjal Khan (supra), applicant has no criminal history, offences are triable by magistrate and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Jamal-Ul-Rahman be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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 229-A of the Indian Panel Code (now 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 82 Cr.P.C. (now 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 174-A of the Indian Panel Code (now Section 209 BNS).
Order Date :- 17.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench