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2025 DAILYLAW 164721 (ALL)

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

BAIL/11071/2024 · 2025-09-15

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11071 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ashish Raman Mishra, learned counsel for the applicant, Smt. Kamlesh Kumari, learned AGA and Ms. Rinki Gautam, learned counsel for the complainant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 228 of 2024, under Sections 126(2), 308(5), 351(3) of BNS, registered at Police Station Khargupur, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.09.2024 against the applicant, his son, Mohd. Asif and unknown person, alleging that the applicant's son, Mohd. Asif had enticed away the informant's daughter about a month ago regarding which an FIR was lodged since then the applicant is threatening the complainant to enter into a settlement. 4. In the affidavit filed in support of the application it has been stated that applicant is innocent, he has been falsely implicated in the present case. The State has filed counter affidavit annexing therewith the copies of material collected during investigation and a copy of the charge-sheet dated 02.11.2024. The applicant's involvement in another criminal case has been disclosed in the counter affidavit. 5. Learned counsel for the applicant has stated that the other matter bearing Case Crime No. 31 of 2023 under sections 420, 467, 468, 471, 323, 504, 506 Versus Counsel for Applicant(s) : Mohd. Waris Farooqui, Ashish Raman Mishra, Sultan Hasan Ibrahim, Syed Ahmad Abbas Zaidi Counsel for Opposite Party(s) : G.A., Arun Kumar Tewari Jabbar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) of IPC Police Station Khargupur, District Gonda arises out of a dispute which is of civil nature and in that case the applicant's arrest has been stayed by means of interim order dated 28.02.2023 passed by a Division Bench of this Court passed in Criminal Misc. Writ Petition No. 1642 of 2023. Learned counsel for the applicant states that the aforesaid interim order is still operative. 6. The applicant's son, Mohd Asif has already been granted bail in the present case by means of an order dated 26.08.2025 passed by this Court in bail application no. 7996 of 2025. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is also entitled to be released on bail on the ground of parity. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Jabbar 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 15, 2025 Anurag BAIL No. 11071 of 2024 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench