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2025 DAILYLAW 173102 (ALL)

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

/10814/2025 · 2025-11-19

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10814 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. In the prosecution case, it is alleged that on 11.9.2024, at about 3 P.M, two persons cane to purchase rice from the shop of the complainant, when the complainant went for weighing rice, the accused persons stole Rs. 28,500 from his drawer. The F.I.R has been registered on the basis of the CCTV footage. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant has criminal history of one case which has been explained in paragraph-17 of the bail application and the applicant is languishing in jail since 14.09.2025. He further submits that the offences are triable by the Magistrate and the said offence is punishable upto a maximum period of seven years. There is no independent witness of the said incident. 4. It is further submitted that chargesheet in the case has been filed. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, the fact that chargesheet has been filed; the period for which the applicant is in jail i.e. since 14.09.2025; the fact that the applicant has Versus Counsel for Applicant(s) : Firoz Ahmad Khan Counsel for Opposite Party(s) : G.A. Asharf .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) explained criminal history of one case in paragraph-17 of the bail application, as also the fact that there is no independent witness to the said incident and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Asharf involved in Case Crime/FIR No. 267 of 2025 Under Sections- 305(a), 317(2) B.N.S., Police Station- Baskhari, District- Ambedkar Nagar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (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. 9. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. 10. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 19, 2025 DiVYa BAIL No. 10814 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench