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2025 DAILYLAW 187009 (ALL)

SABARE AALAM AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

BAIL/12085/2025 · 2025-12-05

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12085 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The accused-applicants seeks bail in Case Crime No.461 of 2025 under Sections 318(4), 338, 336(3), 340(2) BNS, Police Station Inayat Nagar, District Ayodhya. The allegation in the prosecution case is that the applicant, in collusion with co-accused persons, committed forgery and, on the basis of forged Aadhaar cards and a forged number plate affixed to the vehicle, was engaged in transporting stolen buffaloes illegally into the State of Bihar for sale. It is further alleged that 3-4 co-accused persons were apprehended from the spot, and in their confessional statements, the name of the applicant surfaced. From the possession of the co-accused, three country-made pistols of .315 bore, one live cartridges of .315 bore, three forged Aadhaar cards, one pickup vehicle bearing registration no. UP42 BC 9113, two forged number plates bearing registration no. UP22 BT 7433, and three mobile phones were recovered. Learned counsel for the applicants submits that, according to the recovery memo, a false recovery of one country-made pistol and cash amount of Rs.100/- and Rs.70/- from each of the applicants respectively has been shown, to which there is no independent witness. No buffalo has been recovered from the applicant. It is a Versus Counsel for Applicant(s) : Aprajita Shukla, Chandra Bhooshan, Sanjay Kumar Shukla Counsel for Opposite Party(s): G.A. Sabare Aalam And Another .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s) case of false implication. Co-accused Khurshid @ Mohammad Khurshid has already been granted bail by this Court vide order dated 12.11.2025 passed in Anticipatory Bail Application No. 1650 of 2025. The applicant seeks parity. The applicant is in jail since 11.08.2025 and has no criminal history. 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. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the facts that the applicants are in jail since 11.8.2025; the applicant has no criminal history; the bail order of the co-accused, named above and without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicants Sabare Aalam and Mumtaj Aalam, involved in the aforesaid FIR/Case crime number, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants 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 BAIL No. 12085 of 2025 2 the trial. December 5, 2025 Madhu D.R/P.S BAIL No. 12085 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench