Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 197783 (ALL)

ABARAR ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/11906/2024 · 2025-10-27

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11906 of 2024 Abarar Ali …. Applicant Versus State of U.P. ….Opposite party ALONG WITH CRIMINAL MISC. BAIL APPLICATION No. - 13135 of 2024 Rahman …. Applicant Versus State of U.P. ….Opposite party AND CRIMINAL MISC. BAIL APPLICATION No. - 4038 of 2025 Ishtiyaq …. Applicant Versus State of U.P. ….Opposite party Counsel for Petitioner(s) : Awadhesh Kumar Pal, Gyan Singh, Ajeet Kumar Singh, Counsel for Respondent(s) : G.A., Ankit Pandey, Nikhil Dwivedi, Suraj Pandey, Mohammad Gulfam, Suraj Pandey Court No.12 HON'BLE PANKAJ BHATIA, J. J U D G M E N T BAIL N.11906/2024 2 1. Heard Sri Awadhesh Kumar Pal and Ajeet Kumar Singh, learned counsel for the applicants as well as Sri Ankit Pandey, learned Counsel for the complainant and learned A.G.A. 2. The present bail application has been filed seeking enlargement on bail in FIR No.298 of 2024, under Sections 302, 307, 147, 148, 149, 323, 504, 506 IPC, Police Station Pali, District Hardoi. 3. In terms of the FIR, it was alleged that on account of old enmity, all seven accused named in the FIR came armed with Lathi-Danda etc and hitting the nephew of the informant, which subsequently resulted in severe injury and death. 4. In the light of the said, it is argued by the Counsel for the applicants that the FIR in question was lodged against seven persons, in which, one of the accused is aged about 70 years, namely, Abarar Ali and the accused Rahman is aged about 19 years. He argues that no specific role has been assigned to the applicants and general role was assigned to all the accused persons named in the FIR. It is further argued that the applicants Abarar Ali and Rahman are in custody since 30.06.2024 and the applicant Ishtiyaq is in custody since 04.07.2024. They have no criminal case except one FIR lodged by the deceased as an informant under Section 323, 504, 506 IPC. 5. The Counsel for the informant and learned A.G.A. vehemently opposed the bail prayer. The Counsel for the informant argues that earlier an FIR was lodged by the deceased and in furtherance of the said FIR, the offence in question was caused and the informant of the earlier FIR turned to death. 6. It is admitted by both the parties that PW-1 has been examined till date and the applicants are in custody since 30.06.2024 and 04.07.2024. 7. Considering the averments made at the Bar and recorded above; the general allegations were levelled against all the accused, although the BAIL N.11906/2024 3 cause of death, as indicated in the postmortem report, indicates substantial injuries inflicted on the body of the deceased, which was also the cause of death, however, there being no specific allegation against the applicants and having no criminal antecedents except for one of the offence and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial, I am of the view that the applicants are entitled to be released on bail. Accordingly, the bail application is allowed. 8. Let the applicants Abarar Ali, Rahman and Ishtiyaq be released on bail in the aforesaid first information report number on their furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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. Date:27.10.2025 [Pankaj Bhatia, J.] akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench