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2025 DAILYLAW 181099 (ALL)

IKRAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.

/12122/2025 · 2025-12-08

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12122 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. Learned counsel for the applicant contends that, according to the prosecution, four locally manufactured explosive bombs were allegedly recovered from a black polythene bag said to be carried by the applicant, solely on the basis of information provided by a secret informer. It is further argued that the alleged recovery is fabricated and not supported by any independent public witness, thereby rendering the prosecution version doubtful. It is also pointed out that the applicant was arrested in the late hours of the night at around 12:50 a.m., which further casts a shadow over the genuineness of the alleged recovery proceedings. Learned counsel submits that the applicant has fairly disclosed his criminal antecedents consisting of eight cases in paragraph 12 of the bail application and the applicant is in custody since 19.10.2025. It is further submitted that 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. Learned AGA has opposed the bail application, contending that the investigation is still underway. Versus Counsel for Applicant(s) : Javed Khan, Juned Khan Counsel for Opposite Party(s) : G.A. Ikram .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. .....Opposite Party(s) Having considered the rival submissions and upon perusal of the material available on record, it appears, prima facie, that there is no independent public witness to either the alleged recovery or the arrest of the applicant and considering that the applicant is in custody since 19.10.2025 and has undertaken to fully cooperate with the ongoing investigation, this Court is of the view that a case for grant of bail is made out. Accordingly, the bail application is allowed. Let the applicant Ikram, involved in Case Crime No.- 251/2025, U/S- 4/5 Explosive Substance Act, Police Station-Jethwara, District-Pratapgarh, 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. 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 8, 2025 R.C. BAIL No. 12122 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench