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2025 DAILYLAW 151175 (ALL)

ABDUL JABBAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/6588/2025 · 2025-08-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46177 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6588 of 2025 Applicant :- Abdul Jabbar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Abhishek Singh, Advocate holding brief of Shri Ramakar Shukla, learned counsel for the applicant and Shri Nagendra Kumar Vishwakarma, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 81 of 2025, under Sections 308(5), 352, 351(2), 351(3) of BNS registered at Police Station - Gusaiganj, District - Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.03.2025 against the applicant and his brother Abdul Rahman, stating that both the brothers had demanded money from the ladies of the informant's house. 4. 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. 5. The applicant's brother and the co-accused Abdul Rahman has already been granted by means of an order dated 24.06.2025 passed by the Co-ordinate Bench of this Court in CRIMINAL MISC. BAIL APPLICATION No. - 5437 of 2025. 6. The supplementary affidavit has been filed by the applicant explaining his involvement in 21 other criminal cases out of which in nine cases, he has been ordered to be released on bail, in 8 of the cases he has yet to receive any summon, 2 cases under the Gunda Act stand closed after the expiry of the statutory period and one case stands closed after the applicant had deposited the fine and in one case, he has been sentenced and imprisoned for years and thereafter, he has been released on bail in appeal. 7. Learned A.G.A. has opposed the bail application and has submitted that the applicant has a long criminal history and he should not be released on bail. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the F.I.R. identical allegations have been levelled against the applicant and his brother and the applicant's brother has already been released on bail, I am of the view that the applicant is also entitled to be released on the ground of parity. 9. Accordingly, this bail application stands allowed. 10. Let the applicant - Abdul Jabbar 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. Order Date :- 7.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench