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2025 DAILYLAW 158259 (ALL)

JALALUDDEEN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

NABAIL/1046/2025 · 2025-08-21

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49013 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1046 of 2025 Applicant :- Jalaluddeen Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Yogesh Kumar Mishra,Dharmendra Kumar Yadav Counsel for Opposite Party :- G.A.,Prabhakar Pandey Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Yogesh Kumar Mishra, learned counsel appearing on behalf of the applicant, Shri Avishesh Kumar Singh, learned A.G.A. appearing on behalf of the State and Shri Vivek Kumar Pandey, Advocate holding brief of Shri Prabhakar Pandey, learned counsel for the complainant. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.0281 of 2025, under Sections 190, 191(2), 191(3), 109, 110, 115(2), 333, 351(3), 352 of BNS, registered at Police Station- Kotwali Dehat, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.07.2025 against 10 persons, including the applicant and his family members, stating that because of a dispute regarding passage from the informant's land, the accused persons assaulted the informant's nephews. The co- accused Attu fired a gun shot. The accused persons entered the informant's house and attacked the informant and other family members with weapons being carried by them. The F.I.R. alleges that numerous persons have suffered injuries which could have been fatal. 5. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent having no criminal history and he has been falsely been implicated in the present case. 6. The learned counsel for the applicant has submitted that three persons from the complainant's side have received injuries in the incident and none of the injuries are reported to be grievous in nature. 7. The co-accused Asgar Ahmad @ Attu has suffered a lacerated wound on left parietal region of head and he was kept under observation and was referred to a surgeon. The injury was caused by hard and blunt object. 8. A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of the F.I.R. No.280 of 2025 lodged in P.S. Kotwali Dehat, District Sultanpur on 07.07.2025 at 02:21 hours, i.e. prior to lodging of the present F.I.R., against six persons including the Ibrar Ahmad (informant of the present case), stating that all the accused persons had assaulted persons from the applicant's side and Ibrar had fired a shot with a gun. 9. The complainant has filed a short counter affidavit annexing therewith photographs of the injury suffered by the Ibrar Ahmad and his wife. The co-accused Allakaran and Jubair have been granted bail in F.I.R. No.280 of 2025 lodged from the applicant's side and a copy of the bail order is annexed therewith. 10. The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation of the case is still going on. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that persons from both the sides have received injuries; that the allegation have been levelled from both the side against each other of firing gun shots but no person has received any gun shot injury and none of the injuries caused in the incident is grievous in nature, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 12. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 21.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench