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2025 DAILYLAW 152524 (ALL)

HASEEB v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/6675/2025 · 2025-07-22

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41872 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6675 of 2025 Applicant :- Haseeb Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Shesh Mani Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that five crude bombs were recovered from the applicant's bag, which he was carrying at the time of arrest. Learned counsel for the applicant submits that the applicant was picked up from his home. There is no public witness to support the alleged recovery, nor is there any evidence to establish that the recovered items were indeed crude bombs. The applicant has explained his criminal antecedents in paragraph 13 of the bail application. The applicant is languishing in jail since 17.05.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application, however, could not deny the fact that no FSL report regarding the recovered items is available on record. On due consideration to the fact that the applicant is in custody since 17.05.2025, coupled with the absence of any independent witness to the recovery and the lack of an FSL report, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Haseeb involved in Case Crime No. 44/2025, under Sections 4/5 of Explosive Substances Act, 1908, Police Station - Delhupur, District - Pratapgarh, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (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 in accordance with law. (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 IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial. Order Date :- 22.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench