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2025 DAILYLAW 153870 (ALL)

ANAS KHAN v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

BAIL/6971/2025 · 2025-07-29

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43660 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6971 of 2025 Applicant :- Anas Khan Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.70 of 2025, under Sections 303(2), 317(2), 317(4), 341(1) BNS, P.S. Aliganj, District Lucknow. Learned counsel for applicant submits that Rs.110/- and one key of motor-cycle is shown to have been recovered from the applicant. Applicant has been falsely implicated in this case. The offences are triable by magistrate. Applicant has explained the criminal history of 31 cases in the supplementary affidavit. Applicant claims parity with the bail orders of co-accused Imran and Aamir who were assigned the similar role have been granted bail by this Court vide orders dated 23.06.2025 & 26.06.2025 passed in Criminal Misc. Bail Application Nos.5534/2025 & 5721/2025 respectively. He submits that the applicant is in jail since 11.03.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 11.03.2025, offences are triable by magistrate, applicant has explained the criminal history of 31 cases in the supplementary affidavit so also the bail orders of co-accused Imran and Aamir (supra) and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Anas Khan be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 of the Indian Panel Code (now Section 269 of 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 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 of the Indian Panel Code (now Section 209 BNS). Order Date :- 29.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench