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2025 DAILYLAW 183241 (ALL)

NIYAZ v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/10880/2025 · 2025-11-10

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10880 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the records. 2. This application has been filed by the applicant, seeking bail in case crime No. 0269 of 2025 under sections 3(5), 351(2), 352, 109(1), 110, BNS, and Section 7, Criminal Law Amendment Act, Police Station Kotwali Nagar, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an FIR lodged on 17/6/2025 against five named persons, including the applicant, and 15-20 unknown persons, stating that all the accused persons had assaulted the informant's nephew, Mukesh Jaishwal, with iron rods, and co-accused Massan fired a gunshot with intention to kill him. Thereafter, named co- accused persons, Monu and Sonu, also assaulted him with a stick. When the informant's son tried to save him, co-accused Aleem alias, Monu, fired a gunshot with intention to kill him, and he also suffered gunshot injury. The informant's other son also tried to save him, and he was also assaulted with iron rods and sticks. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 5. Learned counsel for the applicant has submitted that co-accused persons, namely, Riyaz and Hasan Ali @ Sonu, have been granted bail by means of orders dated 01.09.2025 and 09.09.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No. 8123 of 2025 and 8531 of 2025, respectively. Versus Counsel for Applicant(s) : Sumit Kumar Srivastava Counsel for Opposite Party(s) : G.A. Niyaz .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 6. Learned Additional Government Advocate has opposed the application for bail but he could not dispute the fact that it is a case of parity. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that two co-accused persons namely, Riyaz and Hasan Ali @ Sonu, have already been granted bail, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 18/10/2025, I am of the view that the applicant is entitled to be granted bail on the ground of parity. 8. Accordingly, the bail application is allowed. 9. Let the applicant- Niyaz be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. November 10, 2025 DiVYa BAIL No. 10880 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench