JISHAN @ MOHAMMAD JISHAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
NABAIL/921/2025 · 2025-07-30
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153507 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153507 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43983 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 921 of 2025 Applicant :- Jishan @ Mohammad Jishan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Piyush Shrivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard Shri Prabhat Singh Rathore, Advocate holding brief of Shri Piyush Shrivastava, learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks anticipatory bail in Case Crime No.0229 of 2025 under Section 191(2), 191(3), 190, 115(2), 352, 351(2), 125, 109(2) BNS, Police Station Bheera, District Lakhimpur Kheri.
Learned counsel for the applicant submits that the present case arises out of a trivial dispute relating to namaz between members of the same community, which led to a scuffle/fight. It is submitted that no person sustained any injury in the said incident. It is further submitted that ten co-accused persons, who have been assigned similar roles, have already been granted bail by the learned court below. Copies of the bail orders have been collectively annexed as Annexure-3 to the bail application. The applicant has no criminal history and no offence under Section 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS) is made out against him. It is also submitted that the applicant undertakes to cooperate with the investigation and shall abide by all conditions that may be imposed by this Court. Learned A.G.A. has opposed the prayer for anticipatory bail, stating that the investigation is still ongoing. I have considered the rival submissions advanced by learned counsel for the parties and have perused the material available on record. A perusal of the record shows that the FIR has been lodged by leveling general allegations against 13 named and 14 unnamed persons. Prima facie, no person appears to have been injured in the alleged incident. Considering the facts that the FIR contains general allegations, no injury is reported, ten co-accused persons having similar roles have been granted bail, and the applicant has no criminal antecedents, along with his undertaking to cooperate in the investigation, and without expressing any opinion on the merits of the case, this Court is of the opinion that the liberty of the applicant deserves to be protected, in view of the law laid down by the Hon’ble Supreme Court in Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC OnLine SC 98. In view of the above, it is provided that in the event of arrest, the applicant, Jishan @ Mohammad Jishan shall be released on anticipatory bail in the aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned, subject to the following conditions: The applicant shall cooperate in the investigation and shall not influence the witnesses. The applicant shall remain present as and when required by the arresting officer/investigating officer/S.H.O. concerned for investigation/interrogation. The applicant shall not leave India without prior permission of the Court.
In case of breach of any condition, it shall be open to the investigating agency to move an appropriate application for vacation of this protection.
Order Date :- 30.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench