MOHD. ASHIF v. THE STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO.
BAIL/7996/2025 · 2025-08-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159279 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159279 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7996 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Ashish Raman Mishra, learned counsel for the applicant, Shri Vishwas Saraswat, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.228 of 2024 under Sections 126(2), 308(5), 351(3) of B.N.S. registered at Police Station- Khargupur, District- Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.09.2024 against the applicant, his father Jabbar and another unknown person, stating that the applicant had enticed away the informant's daughter about a month ago regarding which an FIR has been lodged and the applicant had been arrested. Since then, the applicant's father Jabbar is threatening the informant for entering into a settlement. On 07.09.2024, while the informant was returning with his daughter from the Court, the applicant, his father- Jabbar and an unknown person intercepted him. The applicant threatened the informant with a weapon and asked him to enter into a settlement. No person has suffered any injury in the incident. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 24 years having no criminal history except a solitary FIR referred to in the present case bearing No.185 of 2024 under Sections 363/366/376(2)(n) IPC and 5L/6 of POCSO Act, P.S.-Khargupur, Gonda, in which he has been granted bail by means of an order dated 20.08.2024 passed by the Versus Counsel for Applicant(s) : Ashish Raman Mishra Counsel for Opposite Party(s) : G.A. Mohd. Ashif .....Applicant(s) The State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
Session Court, a copy whereof has been annexed with the bail application. 5. The aforesaid bail order mentioned that the alleged victim had given statement supporting the applicant. 6. The learned counsel for the applicant has submitted that the present FIR has been lodged on false averments as the applicant has been granted bail in the previous case after the victim gave the statement in his favour. 7. Learned A.G.A. has vehemently opposed the bail application and he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 02.11.2024. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 21.09.2024 whereas the investigation 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 in the aforesaid case. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Mohd. Ashif 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. August 26, 2025 -Amit K- BAIL No. 7996 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench