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2025 DAILYLAW 189600 (ALL)

IKHLAQ v. STATE OF U.P.

BAIL/35680/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35680 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Mohd. Naushad, learned counsel for the applicant and Shri Manoj Kumar Singh, learned A.G.A. for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant namely Ikhlaq, seeking enlargement on bail in Case Crime No. 517 of 2025, under Sections 109 (1), 190, 191 (2), 191 (3), 352, 351 (2), 115 (2) B.N.S. and Section 7 of Criminal Law Amendment Act, Police Station-Kairana, District-Shamli. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 15.09.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Mubariq and Musariq, have already been enlarged on bail by this Court as well as a coordinate Bench of this Court in Criminal Misc. Bail Application Nos. 34815 of 2025 and 33394 of 2025, vide orders dated 10.10.2025 and 26.09.2025, respectively. Applicant has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the fact that similarly circumstanced aforesaid co- accused have already been granted bail. Versus Counsel for Applicant(s) : Mohd. Naushad Counsel for Opposite Party(s) : G.A. Ikhlaq .....Applicant(s) State of U.P. .....Opposite Party(s) Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Ikhlaq, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 15, 2025 Deepak/ BAIL No. 35680 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad