MAHFOOZ @ MAIFUZUL RAHMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/8939/2025 · 2025-09-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165506 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165506 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8939 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Mohd. Salman, the learned counsel for the applicant, Shri Angad Kumar Vishwakarma, the learned A.G.A. for the State and Shri Avneesh Singh, the learned counsel for the complainant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.179 of 2025 under Sections 191(2), 191(3), 190, 115(2), 61(2), 109(1), 351(3) of B.N.S. and 7 C.L.A. registered at Police Station- Patti, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.06.2025 against eight named persons, including the applicant and some unknown persons, stating that while the informant's brother and cousin were having tea at a shop in the market at about 06:00 PM on 16.06.2025, six named co-accused persons came there in two cars, fired shots with illegal pistol and assaulted the informant's cousin with iron rods. Two passers-by suffered gun-shot injuries in the incident. The FIR states that Sakhira Begum, Manijulnisha and Mehfooz (the applicant) were involved in planning of the incident. 4. In the statement of the informant, the FIR version has been reiterated. 5. In the affidavit filed in support of the bail application it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in another criminal case has been disclosed by filing a supplementary affidavit, in which a notice under Section 41A Cr.P.C. has been given to the applicant. 6. One of the co-accused Manijulnisha has been granted anticipatory bail in the present case by means of an order dated 04.08.2025 passed by this Court in Crl. Misc. Anticipatory Bail Application u/S 482 BNSS No.958 of 2025. Versus Counsel for Applicant(s) : Mohd. Salman, Ana Fatma Counsel for Opposite Party(s) : G.A., Avneesh Singh Mahfooz @ Maifuzul Rahman .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
Another co-accused Smt. Sakira Begum has been granted bail in the present case by means of an order dated 19.08.2025 passed by this Court in Crl. Misc. Bail Application No.6898 of 2025. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR and the statement of the informant allege involvement of the applicant in planning for the incident but there is no allegation of any other overt act committed by the applicant; that one co- accused persons, against whom similar allegations have been levelled, has been granted anticipatory bail and another co-accused persons with similar allegations has been granted regular bail, I am of the view that the aforesaid facts are sufficient to make out a case for grant of bail to the applicant. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Mahfooz @ Maifuzul Rahman 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. September 18, 2025 -Amit K- BAIL No. 8939 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench