Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 176511 (ALL)

JAMAL AHMAD v. STATE OF U.P. THRU. SECY. HOME DEPTT. AND ANOTHER

NABAIL/1506/2025 · 2025-11-14

Karunesh Singh Pawar

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 482 BNSS No. - 1506 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. Although notice has been served upon the complainant, but none appears on his behalf. 2. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No. 0061 of 2025, under Sections 109(1), 191(3), 324(1), 115(2) & 352 B.N.S, Police Station Gaura Chauraha, District Balrampur. 3. In the prosecution case, it is alleged that on 10.06.2025, due to old enmity, the named accused persons along with 7-8 unknown persons came into the house of the complainant and started hurling abuses. Upon objection being raised, they started beating the complainant with lathi and danda. When he raised alarm, the elder brother of the complainant and others came to rescue him, they were also beaten. It is alleged that in this offence Lukman and Mohd. Alam have suffered grievous injuries. 4. Learned counsel for the applicant submits that co-accused persons namely Farooq, Anwar Khan @ Babbu, Aamir @ Kamaluddin Khan, Adnan, Abdul Rehman @ Mannu, who were assigned similar role, have been granted bail by the learned trial court. 5. Learned counsel for the applicant has explained criminal history of 1 case in paragraph-15 of the bail application. It is specifically pleaded that no chargesheet or notice has been served to the complainant in this case. The applicant claims parity with the bail orders of the co-accused persons. Versus Counsel for Applicant(s) : Jai Shrinet, Farhan Ahmad Khan, Ramish Ahmad Baig, Shahid Salam, Swadha Kumari Counsel for Opposite Party(s) : G.A., Anshu Singh, Krishna Kumar Singh Jamal Ahmad .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. And Another .....Opposite Party(s) 6. It is also submitted that the applicant has cooperated during the course of investigation and further undertakes to cooperate in the investigation. 7. Learned A.G.A. has opposed the application and has submitted that the investigation is going on. 8. On due consideration of the facts; perusal of the injury of report of the injured Lukman, who got fracture in his leg and Mohd. Alam got his hand fractured, and rest of the injuries are simple in nature and; as per the prosecution case, 9 named persons along with 7-8 unknown persons are alleged to have caused grievouos injuries to two persons, the role of the applicant is similar to that of co-acused persons who have been granted bail by the trial court; the fact that no specific role has been assigned to the applicant and in view of the undertaking given on his behalf to cooperate with the investigation, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail in light of the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued cooperation in the investigation. 9. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- 10. The applicant shall report to the investigating officer within ten days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. 11. The Anticipatory bail application is allowed. November 14, 2025 DiVYa NABAIL No. 1506 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench