BAHARE ALAM v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO
BAIL/7415/2025 · 2025-08-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155611 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155611 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46380 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7415 of 2025 Applicant :- Bahare Alam Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Amit Kumar, the learned counsel for the applicant as well as Sri Amit Kumar Dwivedi, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.521 of 2024, under Sections 305(a), 331(4), 317(2), 317(4), 317(5) B.N.S, registered at Police Station Gola, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 22.08.2024, stating that a theft was committed in the house of the informant in the night of 13.08.2024 at 11 PM in which various articles of jewellery and Rs. 55,000/- cash had been stolen. 4. The police claims to have arrested the applicant on the basis of information received from a mukhbir on 18.03.2025. Rs.2,460/- were recovered from the applicant and he confessed that this was the balance amount from the stolen money. 5. 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 46 other cases has been disclosed in para 11 of the affidavit, in seven of which he has been implicated after his arrest. In one case, he has been acquitted, in another case, the notice has been served upon him and in rest of the 43 cases, the applicant has been released on bail. 6. The learned A.G.A has opposed the bail application and he has submitted that the allegations have been established during investigation and the charge-sheet has been submitted on
15.05.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that besides the custodial
confessional statement of the applicant, there is no other material to connect with him in commission of the offence and that the applicant is languishing in jail since 18.03.2025 , whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.
8. Accordingly, this bail application stands allowed. 9. Let the applicant- Bahare Alam 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 :- 8.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench