MUJEEB AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/7524/2025 · 2025-08-13
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157548 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157548 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47514 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7524 of 2025 Applicant :- Mujeeb Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Bharat Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Bharat Kumar Dixit, the learned counsel for the applicant as well as Sri Angad Kumar Vishwakarma, the learned A.G.A. for the State, Dr. Manish Kumar, learned counsel for the complainant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 99/2025, under Sections 109, 190, 191(2), 191(3), 352, 351(3), 3(5) B.N.S., Police Staion Jagdishpur, District Amethi. 3. The aforesaid case has been registered on the basis of an FIR lodged on 02.04.2025 against five named persons, including the applicant and his two sons, and some other persons stating that the accused persons were beating the informant's brother at about 09:00 p.m. on 01.04.2025 and when the informant reached there and resisted it, on the exhortation of other accused persons the applicant fired a shot at the informant's brother which hit on his face. Thereafter, some villagers gathered there whereupon the applicant escaped while firing shots in air. 4. In the statement of the informant recorded by the Investigating Officer, he reiterated the FIR version but he added the names of two more persons in his statement. Independent witnesses Nafees Ahmad, Haseeb Ahmad, Taukeer Ahmad and Mogeesh Ahmad stated that gun shots were fired by the applicant's son Dildar Ahmad and Shadab and the bullet which hit the victim was shot by Dildar. 5. The injured Mohd. Irfan stated that the applicant's son Dildar had fired the shots which hit him. The allegation that all the accused persons had beaten the victim, is not supported by the injury report, which mentions a solitary gun shot injury suffered by the victim and no other injury is mentioned in it. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.
A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in three other cases, in two of which he has been ordered to be released on bail and in one case he already stands acquitted. 7. Learned AGA as well as learned counsel for the complainant have opposed the bail application. 8. The learned AGA has submitted that allegations have been established during investigation and a charge sheet has been submitted against 5 persons including the applicant on
23.06.2025. 9. Learned counsel for the complainant has submitted that the victim has suffered a gun shot injury in the incident, the offence is heinous in nature and the applicant is not entitled to be released on bail. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view that although the informant has alleged that the applicant had fired a gun shot, the independent witnesses as well as injured victim has assigned this role to another co-accused person and besides a single gun shot injury the applicant has not received any other injury, coupled with the fact that the applicant is languishing in jail since 05.04.2025 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Mujeeb Ahmad be released on bail in the aforesaid 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. Order Date :- 13.8.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench