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2025 DAILYLAW 175301 (ALL)

EKLAKH @ WASEEM AHMAD v. STATE OF U.P. THRU. SECY. HOME LKO.

/1341/2025 · 2025-12-04

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1341 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The present application has been filed under Section 438 of Cr.P.C. seeking anticipatory bail apprehending arrest in FIR No.150 of 2012, under Sections 376, 504, 506 IPC, P.S. Nighasan, District Kheri. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that in the year 2011 when the daughter of the informant aged about 15 years had gone out the co accused Sonu committed wrong on her. As against applicant it was alleged that he was holding the country made pistol. Subsequently after statement of all the accused the applicant was not chargesheeted and is now being summoned in exercise of power under Section 309 Cr.P.C. The applicant is the father of main accused and is apprehending his arrest. 4. Learned A.G.A. vehemently opposed the anticipatory bail prayer. 5. Considering the nature of allegations and the fact that he was not arrested or chrgesheeted, a case for anticipatory bail is made out. Accordingly, the anticipatory bail application is allowed. 6. In the event of arrest, let the applicant Eklakh @ Waseem Ahmad be released on anticipatory bail in the abovesaid first information report number till conclusion of the trial on his furnishing personal bonds and Versus Counsel for Applicant(s) : Santi, Rizwanul Haque Ansari Counsel for Opposite Party(s) : G.A. Eklakh @ Waseem Ahmad .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) two reliable sureties of Rs.30,000/- each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. (d) The applicant shall not leave India without the previous permission of the Court. December 4, 2025 J. K. Dinkar ABAIL No. 1341 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench