KAFEEL v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO.
BAIL/9507/2025 · 2025-09-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168303 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168303 (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. - 9507 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Wasim Ahmad, learned counsel for the applicant as well as Sri Jayant Singh Tomar, learned Additional Government Advocate-I appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking bail in F.I.R. bearing Case Crime No.265 of 2025, under Sections 109(1), 115(2), 190, 191(2), 191(3), 352, 351(2) B.N.S., registered at Police Station Hyderabad, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.07.2025 against six persons, including the applicant alleging that all the accused persons abused and beat up the informant's nephew and when some other family members tried to save him they were also assaulted with a sword. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. 5. It has further been stated that seven persons from the applicant's side have also received injuries in the incident. Aftab has suffered a fracture in his thumb, whereas his brother Afak has suffered a lacerated wound on right side of his head. Copies of injury reports of persons injured from the applicant's side, have been annexed with the bail application. Versus Counsel for Applicant(s) : Wasim Ahmad Counsel for Opposite Party(s) : G.A. Kafeel .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s)
6. Co-accused persons Afak @ Afak Khan and Aftab @ Naheed Khan have been granted anticipatory bail by means of separate orders dated 15.09.2025 passed by this Court in Crl. Misc. Anticipatory Bail Application No.1229 of 2025 and 1230 of 2025. 7 . The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation is still going on. He has further submitted that there is a specific allegation against the applicant that he had assaulted Amir with a sword. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that seven persons from the applicant's side have received injuries in the incident whereas this fact has not been disclosed in the F.I.R. which indicates that the F.I.R. does not disclose the complete facts coupled with the fact that the applicant has no criminal history and co- accused persons Afak @ Afak Khan and Aftab @ Naheed Khan have been granted anticipatory bail and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting bail to the applicant. 9. Accordingly, this bail application stands allowed. 10. Let the applicant - Kafeel 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 26, 2025 S. Shivhare BAIL No. 9507 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench