BAHARE ALAM v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. LKO.
BAIL/7876/2025 · 2025-08-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159378 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159378 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:49660 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7876 of 2025 Applicant :- Bahare Alam Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. 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 Rajnish Kumar Verma, 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. 163 of 2025, under Sections 305(a), 331(4), 317(2), 317(4) 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 16.03.2025, stating that some unknown persons had committed a theft in the house of the informant. 4. 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. 5. The learned counsel for th applicant has submitted that the applicant's involvement in 46 other criminal cases has been disclosed in para 11 of the affidavit. He further submitted that the applicant was arrested on 18.03.2025 and after his arrest, he has been implicated in seven cases, in five of the cases, he has been granted bail. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely on the basis of custodial confessional statement and he has already been on bail in five other cases of similar nature, I am of the view that the applicant is entitled to be released on bail in the present case also. 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 :- 25.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench