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2025 DAILYLAW 156749 (ALL)

MAYNOOR @ SHARUKH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/7473/2025 · 2025-08-18

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48069 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7473 of 2025 Applicant :- Maynoor @ Sharukh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Indrapal Singh 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. This is the second bail application. The first bail application was dismissed with liberty to file fresh bail application by coordinate Bench of this Court vide order dated 25.7.2025 in Bail Application No.6849 of 2025. The present second application has been filed seeking bail in Case Crime No.0378 of 2024 under Section 103(2), 238, 61(2) BNS, Police Station Pali, District Hardoi. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.08.2024 against four persons, including the applicant, stating that because of an old animosity, all the accused persons killed the informant's brother aged 28 years by shooting him with a fire arm. The postmortem report mentions a solitary fire arm wound of entry on abdomen and the cause of death has been opined to be shock and hemorrhage due to antemortem fire arm injury. In the statement of the complainant recorded under Section 180 B.N.S.S., he stated that his brother used to talk to one Roshni who is the daughter of co-accused Sarvesh. In the statement of Roshni recorded under Section 180 BNSS as well as in the statement under Section 183 BNSS, she stated that she loved the deceased. She had gone away with him but when her father had lodged an FIR, she had come back. The deceased was arrested and was sent to jail. After his release on bail, she against started talking to him. The deceased had come in front of her house carrying a country-made pistol and he started an altercation with the deceased's father meanwhile her brother-in-law snatched away the pistol from the deceased and shot at him due to which he fell down. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. Learned counsel for the applicant submits that co-accused Shahnoor has been granted bail by coordinate Bench of this Court vide order dated 27.5.2025 in Criminal Misc. Bail Application No.4681 of 2025. He seeks parity with the bail order of said co-accused. Learned A.G.A. has opposed the bail application and submitted that the allegations have been established during investigation. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the sister of the deceased and the applicant seeks parity with the co-accused Shahnoor, I am of the view that the applicant is entitled to be released on bail in the added Section also. Accordingly, this bail application stands allowed on the ground of parity. Let the applicant Maynoor alias Sharukh be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to 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, unless his/her appearance exempted by the trial Court. Order Date :- 18.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench