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2025 DAILYLAW 160367 (ALL)

MD. IQRAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/8121/2025 · 2025-09-01

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8121 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Kartikay Singh, learned counsel for the applicant, Sri Satyendra Srivastava, learned Additional Government Advocate for the State and Sri Avneesh Singh, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0179 of 2025, under Sections 61(2), 109(1), 115(2), 190, 191(2), 191(3), 351(3), 253(b) B.N.S. and Section 7 Criminal Law Amendment Act, registered at Police Station Patti, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.06.2025 against nine named accused persons, not including the applicant and some unknown persons stating that while the informant's brother and cousin were having tea at a tea stall in the morning, the accused persons came there in two four wheeler vehicles and named accused persons Shahabaz, Ruksar, Shaharyar, Chhangu, Sahanshah and Jalaluddin assaulted the informant's brother and cousin with pistols and iron rods due to which both of them suffered numerous injuries. The F.I.R. states that the other co- accused persons named in the F.I.R. were involved in hatching conspiracy for commission of the offence. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no previous criminal history. After his arrest the applicant has been implicated in another case bearing Case Versus Counsel for Applicant(s) : Kartikay Singh, Vijay Kumar Counsel for Opposite Party(s) : G.A. Md. Iqrar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) Crime No.206 of 2025, under Section 4 and 5 of Explosive Substances Act. 5. The learned counsel for the applicant has submitted that the applicant has been arrested solely on the basis of information received from a mukhbir. It is alleged that he has confessed his involvement in commission of the offence. The learned counsel for the applicant has further submitted that the co-accused Manijulnisha has been granted anticipatory bail by this court by means of an order dated 04.08.2025, passed in Criminal Misc. Anticipatory Bail Application No.958 of 2025. Another co-accused Smt. Sakira Begum has already been granted bail by this court by means of an order dated 19.08.2025, passed in Criminal Misc. Bail Application No.6898 of 2025. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation of the case is still going on. 7. The learned counsel for the informant has also opposed the prayer for bail and he has submitted that two persons have suffered numerous injuries in the incident and keeping in view the nature of allegations the applicant is not entitled to be released on bail. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R., he has been implicated solely on the basis of information received from a mukhbir and thereafter the custodial confession recorded by the police coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 06.07.2025, whereas a co-accused has already been granted anticipatory bail by this court and another co-accused has already been granted bail by this court and without making any observation, which may affect the merits of the case, 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 crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Md. Iqrar 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 following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; BAIL No. 8121 of 2025 2 (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. September 1, 2025 Ram. BAIL No. 8121 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench