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2025 DAILYLAW 165500 (ALL)

IBRAR AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1303/2025 · 2025-09-22

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1303 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Abhinav Singh, Advocate holding brief of Sri Ramakar Shukla, learned counsel appearing on behalf of the applicant as well as Shri S.P. Singh, learned State counsel and Shri Yogesh Kumar Mishra, learned counsel for the complainant. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.280 of 2025, under Sections 190, 191(2),, 191(3), 109, 115(2), 118(1) BNS, registered at Police Station- Kotwali Dehat, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.07.2025 against 6 persons, including the applicant, stating that because of a dispute regarding passage, all the accused person had assaulted two persons from the complainant's side with sticks. It is alleged that the applicant had fired gun shots with intention of killing both the persons and all other persons were firing gun shots from illegal weapon. As per the F.I.R. version, Asgar suffered a gun shot injury on his head and another person Salman also got injured. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is a 64 years old innocent person, having no criminal history and he has been falsely been implicated in the present case. 5. An F.I.R. of the incident was lodged from the applicant's side Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Ibrar Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) also bearing F.I.R. No.281 of 2025 on 07.07.2025 at 02:25 hours against ten persons stating that all those persons had assaulted persons from the applicant's side and the allegation of firing gun shots has been levelled in this F.I.R. also. 6. Two persons from the complainant's side has received injuries and the doctor has opined that no person has suffered any gun shot injury. The applicant has also suffered injuries in the incident. 7. The learned State counsel has opposed the application and he has submitted that the investigation in the matter is still going on. 8. Six persons from the complainant's side have been granted anticipatory bail in the cross case. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the F.I.R. alleges firing gun shot by the applicant and suffering a gun shot injury by the injured persons, the doctor has specifically mentioned in the injury report that no gun shot injury has been caused to anyone from the incident; that the applicant is a 64 years old person and having no criminal history; that the two co-accused persons have been granted bail in the present case by the Session court and 6 accused persons in the cross-case have been granted anticipatory bail, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case, he shall be released on bail on furnishing a personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; NABAIL No. 1303 of 2025 2 (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. September 22, 2025 S. Shivhare NABAIL No. 1303 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench