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2025 DAILYLAW 160728 (ALL)

RIYAZ v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8123/2025 · 2025-09-01

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8123 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Arun Sinha, learned counsel for the applicant, Mr. Ajay Veer Singh, Advocate, who has put in appearance on behalf of the informant, which is taken on record, Ms. Shikha Sinha, learned AGA-I for the State and perused the records. 2. This application has been filed by the applicant, seeking bail in case crime No. 0269 of 2025 under sections 3(5), 351(2), 352, 109(1), 110, BNS, and Section 7, Criminal Law Amendment Act, Police Station Kotwali Nagar, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an FIR lodged on 17/6/2025 against five named persons, including the applicant, and 15-20 unknown persons, stating that all the accused persons had assaulted the informant's nephew, Mukesh Jaishwal, with iron rods, and co-accused Massan fired a gunshot with intention to kill him. Thereafter, named co- accused persons, Monu and Sonu, also assaulted him with a stick. When the informant's son tried to save him, co-accused Aleem alias, Monu, fired a gunshot with intention to kill him, and he also suffered gunshot injury. The informant's other son also tried to save him, and he was also assaulted with iron rods and sticks. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man, aged 19 years, having no criminal history. It is also alleged that when the police tried to arrest the applicant, he fired on the police party, regarding which case, crime No. 144 of 2025, has been registered at PS Kotwali Dehat, District Pratapgarh, on 18/6/2025, and the applicant has been granted bail in that case. In that incident, no police personnel had suffered any injury, and only the applicant suffered firearm injuries. 5. Learned Additional Government Advocate-I has opposed the application for bail, and she has submitted that investigation in the matter is still pending. 6. Learned counsel for the complainant has also opposed the bail application, and he has submitted that two persons have received gunshot injuries in the incident, and a total of three persons have been injured in Versus Counsel for Applicant(s) : Arun Sinha, Ram Chandra Singh Counsel for Opposite Party(s) : G.A. Riyaz .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) the incident. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that the FIR has been lodged against five named persons and 15-20 unknown persons; the FIR levels specific role of causing gunshot injury to other co-accused persons, and some other injuries have also been assigned to some other accused persons; but no specific role against the applicant has been assigned, and that the applicant is a young man, aged 19 years, having no criminal history, and he has been languishing in jail since 18/6/2025, the applicant is entitled to be granted bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant- Riyaz 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; (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 A.Nigam BAIL No. 8123 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench