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2025 DAILYLAW 162987 (ALL)

HASAN ALI @ SONU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/8531/2025 · 2025-09-09

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8531 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Arun Sinha, learned counsel for the applicant, Shri Avishesh Kumar Singh, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.269 of 2025, under Sections 3(5) BNS (34 IPC), 351(2) BNS (506 IPC), 352 BNS (504 IPC), 109(1) BNS (307 IPC), 110 BNS (308) IPC and Section 7 of Criminal Law Amendment Act, registered at 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 innocent and he has been falsely implicated in the present case. The applicant's involvement in two other criminal cases has been disclosed in para 36 of the affidavit, in one case the applicant has not received any summons and in the other case he has been released on bail. 5. Two co-accused persons Riyaz and Irshad Khan has been granted bail by Versus Counsel for Applicant(s) : Arun Sinha, Ram Chandra Singh, Siddhartha Sinha Counsel for Opposite Party(s) : G.A. Hasan Ali @ Sonu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) this Court. Copies of the bail orders have been annexed as annexure No. SA- 1 & 2 to the supplementary affidavit. 6. Learned Additional Government Advocate has opposed the application for bail, and he has submitted that some sections of the Arms Act have been added during the investigation. 7. The learned counsel for the applicant has submitted that those sections were neither mentioned in the F.I.R. nor in the bail rejection order passed by the Session Court. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that two co-accused persons having similar allegations have been granted bail in the present case, I am of the view that the applicant is also entitled to be granted bail in the present case. 9. Accordingly, the bail application is allowed. 10. Let the applicant- Hasan Ali @ Sonu 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 9, 2025 S. Shivhare BAIL No. 8531 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench