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2025 DAILYLAW 185137 (ALL)

IKBAL HUSAIN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P.

BAIL/11549/2025 · 2025-11-25

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11549 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.Learned counsel for the applicant submits that the offence is triable by Magistrate. The applicant has explained previous criminal history of one case in para 15 of the bail application. The name of the applicant has surfaced in the confessional statement of the co-accused persons. No identification parade has been conducted. There is no recovery from the applicant. The applicant is in jail since 3.10.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has explained criminal history, the offence is triable by Magistrate, general nature of allegations in the prosecution case, sentence provided for the offence, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging Versus Counsel for Applicant(s) : Vanshraj Dubey, Manisha Trivedi Counsel for Opposite Party(s) : G.A. Ikbal Husain .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. .....Opposite Party(s) the applicant on bail. 6.Let the applicant Ikbal Husain, involved in Range Case No.11/2025-26 under sections 26, 41, 42 of Indian Forest Act, 7/55(2) of Biological Diversity Act, Range Dakshin Nighasan, district Lakhimpur Kheri, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the prosecution evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court and he shall appear on each and every date fixed by the trial Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. Any other condition(s) which the trial court/court concerned may deem fit and proper, in the circumstances of the case, may also be imposed. 7.The application is allowed accordingly. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merit of the trial. November 25, 2025 kkb/ BAIL No. 11549 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench