IRFAN @ KASAIDA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.
NABAIL/1540/2025 · 2025-10-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195677 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195677 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1540 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard Mohd. Zaid, learned counsel appearing on behalf of the applicant and learned A.G.A. for the respondent State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.184 of 2025, under Sections 126(2), 352, 109, 351(2), 3/5 of Bhartiya Nyay Sanhita, registered at Police Station- Chowk, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.07.2025 against four persons, including the applicant, stating that the other three co-accused persons had intercepted the informant and his friends at about 01:45 a.m. on 12.07.2025; that the other three co-accused persons started firing gun shots and threatened to kill the informant and they chased him. Upon hearing the hue and cry raised by the informant's companion, a crowd gathered there. The F.I.R. further states that while trying to run away, the informant dialed 112 and the police came there and recovered an empty cartridge from the spot. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent and he has been falsely been implicated in the present case. The applicant's involvement in 3 criminal cases has been disclosed in para 6 of the affidavit. 5. The learned A.G.A. has opposed the prayer for anticipatory bail and he Versus Counsel for Applicant(s) : Shwetabh Singh Counsel for Opposite Party(s) : G.A. Irfan @ Kasaida .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s)
has submitted that the investigation is still going on. 6. The learned counsel for the complainant has submitted that the incident took place at the exhortation of the applicant and an empty cartridge was recovered from the spot. It is further submitted that the co-accused, Muhammad Haleem @ Haleem Prasad, who was also not assigned any role in firing, has been granted anticipatory bail by a coordinate Bench of this Court. 7. On due consideration of the facts that the role of firing is not attributed to the applicant but to the co-accused Mohd.
Zaid; that no one has sustained any injury; that the co-accused Muhammad Haleem @ Haleem Prasad has already been granted anticipatory bail by a coordinate Bench of this Court; and that no gunshot was actually fired, I am of the view that the aforesaid circumstances are sufficient to prima facie make out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/appearance of applicant Irfan @ Kasaida before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and NABAIL No. 1540 of 2025 2
(v) that the applicant shall not pressurize/ intimidate the prosecution witness. October 17, 2025 Madhu D.R/P.S NABAIL No. 1540 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench