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2025 DAILYLAW 184618 (ALL)

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

BAIL/10796/2025 · 2025-11-13

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10796 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.429 of 2025, under Section 288, 105 of BNS and Section 4/5 of Explosive Substances Act, Police Station Maurawan, District Unnao. 3. In terms of the FIR, it was alleged that the brother of the informant aged about 25 years used to work with the applicant for the last several years. It was also alleged that the applicant is the license holder of firecracker and on the date of accident, when he was making crackers, a massive explosion took place and because of which, the brother of the informant died. As per the postmortem report, the cause of death was due to ante mortem head injury. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the FIR allegations and the allegations not levelling any direct allegation against the applicant so as to implicate him under Section 105 of BNS and the fact that the applicant is has no criminal antecedents except one criminal accident as disclosed in para 26 of the bail application and is languishing in jail since 20.09.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Srees Kumar Srivastava Counsel for Opposite Party(s) : G.A. Nafish Ahmed .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko .....Opposite Party(s) 6. Let the applicant Nafish Ahmed be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the 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 13, 2025 akverma BAIL No. 10796 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench