IQBAL @ UNNA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6819/2025 · 2025-07-25
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153519 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153519 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42974
Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6819 of 2025 Applicant :- Iqbal @ Unna Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jaikaran Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.Learned counsel for the applicant submits that the applicant has not been arrested from the spot. The applicant has no previous criminal history. The applicant is in jail since
27.5.2025. Role assigned to the applicant is similar to the co-accused Salman and Mohd. Aalam who have been granted bail vide orders contained in Annexures 3 and 4 to the bail application. The applicant claims parity. 3.It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, charge sheet has been filed, role assigned to the applicant is similar to those of co- accused, named above who have been granted bail, offence is triable by Magistrate, arguments advanced by learned counsel
for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Iqbal alias Unna, involved in Case Crime No.214 of 2025 under sections 3/5/8 of Cow Slaughter Act, P.S. Kotwali Nagar, district Raebareli, 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 under Section 229-A I.P.C. (now 269 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly.
Order Date :- 25.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench