MAHMOOD HASAN @ MAHBOOB ALAM @ BARGHEY v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO.
BAIL/9522/2025 · 2025-10-09
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168353 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168353 (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. - 9522 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Supplementary affidavit is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 25 of 2025, under Sections- 303(2), 317(2), 316(5), 61(2) B.N.S., Sections- 26, 41, 42, 52 of Indian Forest Act and Sections- 27, 29, 31, 51 of Wild Life Protection Act, Police Station- Tulsipur, District-Balrampur. 4. While pressing the instant application, learned counsel for the applicant stated that the applicant is innocent and he has falsely been implicated in the present case. 5. It is further stated that the applicant was not named in the FIR and his name surfaced during investigation and thereafter he was apprehended and sent to jail and he is languishing in jail since 24.07.2025, though, he has not committed any crime and he has falsely been implicated in the instant case just to show good work and win laurels of Administration/Forest Officers. 6. It is further stated that named co-accused in the FIR namely Shakar Lal has already been released on bail by this Court vide order dated 10.04.2025 passed in Criminal Misc. Bail Application No. 3034 of 2025, as such, the applicant is also entitled to be released on bail. 7. It is submitted that considering aforesaid, the applicant, who is in jail since 24.07.2025, is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. In these circumstances of the case, the applicant is entitled to be released on bail. 8. Learned A.G.A. opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel Versus Counsel for Applicant(s) : Irfan Alam Counsel for Opposite Party(s) : G.A. Mahmood Hasan @ Mahboob Alam @ Barghey .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Lko. .....Opposite Party(s)
including that named co-accused has already been released on bail by this Court. 9.
Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also taking note of the fact that co-accused has already been released on bail by this Court and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 10. Let the applicant- Mahmood Hasan @ Mahboob Alam @ Barghey be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.
11. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 12.
As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. October 9, 2025 Arun/- BAIL No. 9522 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench