ALEEM KHAN @ MONU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/8910/2025 · 2025-12-11
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[ 2025 DAILYLAW 178838 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178838 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8910 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant application has been filed seeking release of the applicant on bail in Case Crime No.269 of 2025, under Sections 3(5) BNS (34 IPC), 351(2) BNS (506 IPC), 352 BNS (504 IPC), 109(1) BNS (307 IPC), 110 BNS (308) IPC and Section 7 of Criminal Law Amendment Act, registered at Police Station Kotwali Nagar, District Pratapgarh. The aforesaid case has been registered on the basis of an FIR lodged on 17/6/2025 against five named accused persons, including the applicant, and 15–20 unknown individuals, alleging that all the accused assaulted the informant’s nephew, Mukesh Jaishwal, with iron rods. It is further alleged that co-accused Massan fired a gunshot at him with intent to kill. Thereafter, co-accused Monu and Sonu also assaulted him with sticks. When the informant’s son intervened, co-accused Aleem alias Monu allegedly fired at him with intent to kill, causing a gunshot injury. Another son of the informant, who also attempted to save them, was similarly assaulted with iron rods and sticks. Learned counsel for the applicant submits that the applicant has been attributed the specific role of causing firearm injury to injured Amit Jaiswal, who sustained one entry wound and one exit wound on the left wrist Versus Counsel for Applicant(s) : Arun Sinha, Lalta Prasad Misra, Mohd. Salman, Ram Chandra Singh Counsel for Opposite Party(s) : G.A. Aleem Khan @ Monu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
joint/forearm. The other injured, Mukesh Jaiswal, suffered four injuries, injuries no. 1 and 4 being caused by a hard and blunt object, of which injury no. 4 is simple while injury no. 1 was kept under observation. Dilip Jaiswal suffered a 1.5 cm lacerated wound over the occipital region. None of the three injured persons have sustained any fracture. The injury attributed to the applicant is on a non-vital part of the body. It has been further submitted that co-accused Hasan Ali @ Sonu, Niyaz, and Riyaz have already been granted bail by a coordinate Bench of this Court vide orders dated 09.09.2025, 01.09.2025, and 10.11.2025 in Criminal Misc. Bail Application Nos. 8531 of 2025, 8123 of 2025, and 10880 of 2025, respectively.
It is lastly contended that the version of the injured witness is improbable, as the applicant has simultaneously been assigned the role of causing firearm injury to Amit Jaiswal and assaulting other injured persons with lathis and dandas. The applicant has explained his criminal antecedents of two cases in paragraph 36 of the bail application. Considering the role attributed to the applicant, the nature of injuries sustained by the injured persons, particularly Amit Jaiswal, the bail orders passed in favour of the co-accused, the filing of the charge sheet, and the fact that the applicant has been in custody since 23.06.2025, this Court finds it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Aleem Khan @ Monu involved in the aforementioned case, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (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. BAIL No. 8910 of 2025 2
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. 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. December 11, 2025 R.C.
BAIL No. 8910 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench