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2025 DAILYLAW 184909 (ALL)

MASKAROOL AHAMAD AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/1286/2025 · 2025-11-18

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1286 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.292 of 2021 under sections 147, 148, 323, 504, 506, 324, 308 I.P.C., P.S. Kotwali Dehat, district Sultanpur. 2.Heard learned counsel for the applicants and learned Additional Government Advocate for the State. In view of the proposed order, notice to respondent No.2 is dispensed with. 3.Learned counsel for the applicants submits that the applicant Nos. 1 and 2 have no criminal antecedent. Criminal history of one case of applicant No.3 has been explained in para 26 of the bail application. The applicants are innocent and have been falsely implicated. No case under section 308 I.P.C. is made out against the applicants. Simple injuries have been received by the injured. During investigation, the applicants were not arrested. Charge sheet has been filed. The applicants have cooperated in the investigation. Learned counsel for the applicantd undertakes that the applicants shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 6.Considering the above aspects of the matter, perusal of the record, the Versus Counsel for Applicant(s) : Satish Tiwari, Anamika Singh Counsel for Opposite Party(s) : G.A. Maskarool Ahamad, Bhutti alias Zulfekar Ali and Saah Faisal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) applicants were not arrested during investigation, the undertaking given on behalf of the applicant that they shall cooperate in the trial, simple nature of injuries received by the injured, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 20 days from the date of receipt of a certified copy of this order. On such surrender, the applicants shall be released on anticipatory bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicants shall cooperate in the trial and he will not influence the witnesses.The applicants shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. November 18, 2025 kkb/ ABAIL No. 1286 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench