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2025 DAILYLAW 201817 (ALL)

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

BAIL/1387/2025 · 2025-10-15

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. - 1387 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. This is second application for bail seeking enlargement in FIR/Case Crime No.165 of 2023 under sections 498-A, 304-B, 120-B, 302 IPC and section 3/4 DP Act, P.S. Itiyathok, District Gonda. The first bail application was rejected by this court vide order dated 24.04.2024. 3. While arguing the second bail application, the counsel for the applicant argues that two of the witnesses namely PW-1 PW-4 have already been examined and the applicant is in custody since 24.04.2023. 4. Considering the fact that two witnesses have been examined and the applicant has suffered substantial pretrial detention of more than two and a half years in custody, coupled with the fact that the applicant has no criminal history, as such, on the said ground itself, the applicant is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Ashiq Ali be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; Versus Counsel for Applicant(s) : Manoj Kumar Misra Counsel for Opposite Party(s) : G.A. Ashiq Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. October 15, 2025 VNP/- BAIL No. 1387 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench