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2025 DAILYLAW 183779 (ALL)

IRAFAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/10843/2025 · 2025-11-07

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10843 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, not 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 innocent and he has no criminal history. Charge sheet has been filed. Learned counsel for the applicant submits that the co-accused persons Versus Counsel for Applicant(s) : Anamika Singh, Paritosh Shukla Counsel for Opposite Party(s) : G.A. Irafan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Irshad Khan, Hasan Ali @ Sonu, Riyaz, Naseeb, Rizwan Khan @ Bablu and Sahban has been enlarged on bail by this Court as well as by the coordinate Bench of this Court, copy of which are on record as Annexure No. 5 collectively to the bail application. Learned counsel for the applicant seeks parity with the order of the co-accused. 5. Learned Additional Government Advocate has opposed the application for bail. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that the FIR has been lodged against five named persons and 15-20 unknown persons; the FIR levels specific role of causing gunshot injury to other co-accused persons, and some other injuries have also been assigned to some other accused persons; but no specific role against the applicant has been assigned, and that the applicant is languishing in jail since 30.09.2025, and a co-accused persons have already been granted bail, I am of the view that the applicant is also entitled to be granted bail in the present case on the ground of parity. 8. Accordingly, the bail application is allowed on the ground of parity. 9. Let the applicant- Irafan 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 7, 2025 R.C. BAIL No. 10843 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench