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2025 DAILYLAW 162655 (ALL)

FIROZ AHMAD ( IN FIR ZALEES @ FIROZ ) v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1188/2025 · 2025-09-08

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1188 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Sukh Deo Singh, learned counsel for the applicant, Sri Virendra Kumar, learned AGA-I and Sri Abhinav Singh holding brief of Sri Ramakar Shukla, learned counsel for the complainant. 2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 310/2025, under Sections 3(5), 109, 351(3) BNS, Police Station Kotwali Dehat, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.07.2025 against six named persons, including the applicant and 10 unnamed persons, stating that there is a political animosity between the complainant and the applicant. On 27.07.2025, while the complainant was coming from his village home to Sultanpur city, all the accused person carrying pistol and countrymade pistols tried to intercept him. The accused persons fired at the complainant's vehicle but no fire could hit the vehicle. 4. In the affidavit filed in support of the application, it has been stated that the applicant has been falsely implicated in the present case due to the old political animosity. The applicant's involvement in 15 other cases has been disclosed in paragraph 15 of the affidavit filed in support of the application, in 5 of which the applicant has been acquitted, in 1 case the applicant has been discharged, proceedings of 2 cases have been quashed, in 1 case the applicant is not named as an accused, proceedings of 1 case under Goonda Act stands closed due to efflux of time, in 1 matter the investigation is still going on and in two cases the applicant has been released on bail. 5. The learned A.G.A. has opposed the bail application and he has Versus Counsel for Applicant(s) : Sukh Deo Singh, Paritosh Shukla Counsel for Opposite Party(s) : G.A. Firoz Ahmad ( In Fir Zalees @ Firoz ) .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) submitted that the investigation in the matter is still going on. 6. The learned counsel for the complainant has also opposed the bail application and he has submitted that the accused persons had tried to commit the heinous offence but they could not succeed in their design. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the FIR alleges that six named persons and 10 unnamed persons fired gun shots towards the applicant's vehicle but none of the shot hit the vehicle; that obviously, no person has suffered any injury in the incident, I am of the view that the applicant is entitled to be granted anticipatory bail in the present case. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Firoz Ahmad (In Fir Zalees @ Firoz) 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 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. September 8, 2025 Pradeep/- NABAIL No. 1188 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench