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2025 DAILYLAW 155231 (ALL)

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

/7183/2025 · 2025-08-06

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45718 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7183 of 2025 Applicant :- Ali Husain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhishek Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard Sri Abhishek Kumar, the learned counsel for the applicant as well as Sri Mayank Sinha, the learned A.G.A. for the State and perused the record. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 370 of 2024, under Sections 305(a), 331(4), 317(2), 317(4) B.N.S, registered at Police Station Gomti Nagar, District Lucknow. 4. The aforesaid case has been registered on the basis of F.I.R. lodged on 07.08.2024, stating that about 600 grams gold biscuits, two gold necklace weighing about 75 grams and some gifted items of silver were stolen from the house of the informant. 5. The police team have arrested the applicant and another co- accused on the basis of information received from a mukhbir and some articles are said to have been recovered from them including the numerous articles which do not find a mention in the F.I.R. The recovery has not been witnessed by any intdependent person. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in 18 cases has been disclosed in para 17 of the affidavit and five other cases has been disclosed by filing a supplementary affidavit, in all of which he has been granted bail. 7. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case and that the applicant is languishing in jail since 25.08.2024 whereas the chargesheet has already been submitted on 28.12.2024, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Ali Husain be released on bail in aforementioned case on furnishing a personal bond and two sureties 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. (Subhash Vidyarthi,J.) Order Date :- 6.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench