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2025 DAILYLAW 197756 (ALL)

ARSAD KHAN @ ARSHAD KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NABAIL/1722/2025 · 2025-11-15

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1722 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as the learned Additional Government Advocate appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.265 of 2025, under Sections 109(1), 115(2), 190, 191(2), 119(3), 352, 351(2) B.N.S., registered at Police Station Hyderabad, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.07.2025 against six persons, including the applicant alleging that all the accused persons abused and beat up the informant's nephew and when some other family members tried to save him they were also assaulted with a sword. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. 5. It has further been stated that seven persons from the applicant's side have also received injuries in the incident, including the applicant himself who has suffered a lacerated wound on right side of his head, a contusion on right elbow and complaint of pain over right side of chest. The co-accused Afak has been granted anticipatory bail vide order passed in Anticipatory Bail No.1229 of 2025. Versus Counsel for Applicant(s) : Amit Kumar Awasthi, Ashish Mishra Counsel for Opposite Party(s) : G.A. Arsad Khan @ Arshad Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 6. The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that seven persons from the applicant's side including the applicant himself have received injuries in the incident whereas this fact has not been disclosed in the F.I.R. which indicates that the F.I.R. does not disclose the complete facts; that the applicant has received injury on vital part of his body coupled with the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, anticipatory bail order of the co-accused, noted above, I am of the view that the aforesaid facts are sufficient for making 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 Arsad Khan alias Arshad Khan, before the learned Trial Court in the aforesaid case crime, he shall be released on bail on his 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 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 (v). that the applicant shall not pressurize/ intimidate the prosecution witness. November 15, 2025 kkb/ NABAIL No. 1722 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench