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2025 DAILYLAW 160873 (ALL)

RAKEEB @ LALLU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/8140/2025 · 2025-08-29

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8140 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Mohd. Taufiq Siddiqui, learned counsel for the applicant, Shri Ashok Kumar Srivastava, 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.239 of 2017 under Sections 147/148/149/307/379/506/326 of I.P.C. registered at Police Station- Mandhata, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.09.2017 against ninve persons, including the applicant, stating that an altercation took place between informant's relative and co-accused Riazuddin regarding drainage dispute and Riazuddin called the other accused persons. It is alleged that all the accused persons started firing gunshots due to which the informant's husband and father-in-law suffered gunshot injuries. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. Both the injured persons had assigned the role of firing to co- accused Riazuddin and Riazuddin has been granted bail by means of an order dated 11.01.2021 passed by a co-ordinate Bench of this Court in Bail Application No.1682 of 2020. All the other co-accused Versus Counsel for Applicant(s) : Mohd. Taufiq Siddiqui Counsel for Opposite Party(s) : G.A. Rakeeb @ Lallu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) persons have also been released on bail. 6. Learned A.G.A. has vehemently opposed the bail application and he has submitted that the other persons were granted bail long ago whereas the applicant was evading arrest and he has been surrendered on 11.07.2021. He has further submitted that allegations have been established during investigation and a charge-sheet has been submitted on 16.07.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the injured persons had not assigned the role of firing to the applicant and that the co-accused, to whom the role of firing was assigned and all the other accused persons have already been released on bail 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Rakeeb @ Lallu 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 29, 2025 -Amit K- BAIL No. 8140 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench