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2025 DAILYLAW 199828 (ALL)

AFAQUE AHMAD AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS

BAIL/590/2025 · 2025-10-08

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 590 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicants, learned AGA, Shri Rajeshwar and Shri R. P. Nigam, learned counsel for the respondents and perused the record. 2. The applicants seeks enlargement on bail in FIR No.208 of 2024, under Sections 70(1), 70(2), 74, 75, 76 BNS and Sections 5m/6 POCSO Act, P.S. Hanswar, District Ambedkar Nagar. 3. Learned counsel for the applicants argues that on the same allegation six of the co-accused have been enlarged on bail. It is also argued that the applicants have no criminal history. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances and on the ground of parity, however, without commenting upon the merits of the case, the applicants who are in custody since 18.9.2024 and have no criminal history are entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicants Afaque Ahmad and Baitullah be released on bail in aforesaid FIR number on their furnishing personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: Versus Counsel for Applicant(s) : P.K. Mishra, Firoz Ahmad Khan, Sikandar Yadav, Veer Bahadur Counsel for Opposite Party(s) : G.A., G.A., Rajeshwar, Ram Prasad Nigam Afaque Ahmad And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s) (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. 7. The trial court is directed to expedite the trial. October 8, 2025 J. K. Dinkar BAIL No. 590 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench