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2025 DAILYLAW 174843 (ALL)

AFTAB KHAN AND ANOTHER v. STATE OF U.P THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO.

BAIL/10946/2025 · 2025-11-11

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10946 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the record. Learned counsel for the applicants submits that in the gang chart, two cases have been shown against the applicants. In both the cases, the applicants have been enlarged on bail. The bail orders are on record filed as Annexures 3 and 4 to the bail application. Apart from these cases, applicant No.1 has a criminal history of one case which has been explained in para 7 of the bail application. The applicant No.2 has a criminal history of two cases which has been explained in para 8 of the application. They are on bail in all the cases. There is no other case pending against the applicants. The applicants are in jail since 27.9.2025. It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicants of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants. Versus Counsel for Applicant(s) : Akhilesh Singh Chauhan Counsel for Opposite Party(s) : G.A. Aftab Khan And Another .....Applicant(s) State Of U.P Thru. Addl. Chief Secy. Deptt. Home Lko. .....Opposite Party(s) Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which they are in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail.The application is allowed. Let the applicants Aftab Khan and Mohd. Zeeshan involved in case crime No.331 of 2025 under Sections 2(Kha)(i)/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Haiderabad, district Lakhimpur Kheri, be released on bail on their 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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. (iv) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicants shall also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case or misuse the liberty of bail. (vi) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A I.P.C.(now 269 BNS). BAIL No. 10946 of 2025 2 (vii) In case the applicants misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). November 11, 2025 kkb/ BAIL No. 10946 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench