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2025 DAILYLAW 183912 (ALL)

MOHD. SHAREEF ANSARI v. THE STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO.

BAIL/823/2025 · 2025-11-10

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 823 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed today in Court is taken on record. 2. Heard learned counsel for the applicant, learned AGA and perused the record. 3. The applicant seeks enlargement on bail in FIR No.238 of 2024, under Section 103 BNS, P.S. Kursi, District Barabanki. 4. In terms of the FIR it was alleged that on account of an altercation two accused including the applicant had a fight with the son of the informant and he was hit with lathi, danda and rod which resulted in grievous injuries and subsequent death. The statement of the eyewitness also reveals that the dispute had taken place on account of an altercation. Prima-facie, allegations of mens rea are apparently missing. The applicant is in custody since 30.07.2024 and has no criminal antecedents. Co-accused has also been enlarged on bail. 5. Learned AGA has opposed the bail application. 6. Considering the statement of the eyewitness wherein apparently mens rea is absent, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Mohd. Shareef Ansari be released on bail in aforesaid Versus Counsel for Applicant(s) : Zeeshan Alvi, Anil Kumar Pandey, Arshad Jameel Counsel for Opposite Party(s) : G.A. Mohd. Shareef Ansari .....Applicant(s) The State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 10, 2025 nishant BAIL No. 823 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench