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2025 DAILYLAW 151231 (ALL)

AKBAR ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

BAIL/6473/2025 · 2025-09-19

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6473 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ramakar Shukla, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 29/2025, 109, 115(2), 117(3), 352, 351(3) B.N.S., Police Station Baldirai, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.02.2025 against four persons, including the applicant, stating that because of a dispute regarding a passage, all the accused persons assaulted the informant's family members with axe, iron bars and sticks causing injury to seven persons. The FIR alleges that the applicant had assaulted the informant's daughter-in-law Fatima with an axe. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A., Brijesh Kumar Yadav Akbar Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) 5. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge sheet dated 12.05.2025. The injury report of the victim has not been annexed with the counter affidavit. 6. The complainant has also filed a counter affidavit. Injury report of the victim has not been annexed with this counter affidavit as well. 7. The applicant has filed a rejoinder affidavit annexing therewith a copy of order dated 08.07.2025 passed by a Coordinate Bench of this Court bearing Criminal Misc. Bail Application No. 6294/2025 granting bail to co-accused Mukhtar Ali. 8. Learned AGA-I has stated on the basis of information available with him in the record that Fatima has specifically stated that the applicant had assaulted her, however, there is nothing on record to indicate the nature of injuries suffered by Fatima. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been assigned the role of causing injury to Fatima and the injury suffered by Fatima is not said to be grievous in nature; co-accused Mukhtar has been assigned the role of causing injuries to Ansar which injuries were grievous in nature and Mukhtar has already been granted bail in the present case and that the applicant has no criminal history and he is languishing in jail since 03.05.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Akbar Ali be released on bail in the aforesaid case on furnishing a personal bond and two sureties BAIL No. 6473 of 2025 2 each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. September 19, 2025 Pradeep/- BAIL No. 6473 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench