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2025 DAILYLAW 185563 (ALL)

IBRAR @ MAHROOB v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

BAIL/11286/2025 · 2025-11-18

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11286 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. A supplementary affidavit filed by learned counsel for the applicant is taken on record. Learned counsel for the applicant submits that the applicant has duly explained his criminal antecedent. The alleged offence is triable by a Magistrate. The applicant is not named in the FIR and was not apprehended from the spot. His name has surfaced only in the confessional statements of the co-accused persons. No recovery has been made from his possession. He has explained criminal antecedent of nine cases in paragraph 4 of the supplementary affidavit. The applicant is languishing in jail since 04.10.2025, and the charge sheet has already been filed. Learned counsel for the applicant submits that the co-accused Sultan who was assigned similar role has been enlarged on bail by this Court vide order dated 11.11.20225 passed in criminal misc. bail application No. 10844 of 2025. Learned counsel for the applicant seeks parity with the order of the co- accused. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case Versus Counsel for Applicant(s) : Aiyyaz Mansuri, Shailendra Kumar Mishra Counsel for Opposite Party(s) : G.A. Ibrar @ Mahroob .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) the applicant is enlarged on bail, he shall not misuse the liberty of bail. 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. Considering the facts that the charge sheet has been filed, the offence is triable by a Magistrate, the applicant's name has surfaced only in the confessional statements of the co-accused, co-accued Sultan has been granted bail, and he is in custody since 04.10.2025, I find it to be a fit case for granting bail to the applicant on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Ibrar @ Mahroob involved in Case Crime No.- 393 of 2025, U/S-3/5/8 of Prevention of Cow Slaughter Act, Police Station- Bhadokhar, District- Raebareli, 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 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 18, 2025/R.C. BAIL No. 11286 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench