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2025 DAILYLAW 202132 (ALL)

USMAN KHAN @ USMAN AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1521/2025 · 2025-10-16

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1521 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The instant application has been filed by the applicants seeking anticipatory bail in F.I.R./Case Crime No.264 of 2025, under Sections 109(1), 190, 191(2), 191(3), 351(2), 115(2), 117(2), 352 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 14 persons, including the applicants, stating that all the accused persons had beaten up the persons from the complainant's side because of some quarrel that took place between children. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicants are innocent persons, having no criminal history and they have been falsely implicated in the present case. 5. It has been further stated that three persons from the applicants' side had suffered injuries in the incident and copies of their injury reports have been annexed with the affidavit filed in support of the application. 6. An F.I.R. No.265 of 2025 was lodged from the applicants' side on the same date against 6 persons. Versus Counsel for Applicant(s) : Alok Kumar Singh Counsel for Opposite Party(s) : G.A. Usman Khan @ Usman, Kaleem Khan, Shadman Khan alias Shadman and Amaan Khan alias Amaan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 7. Two accused persons Aftab @ Naheed Khand and Afak @ Afak Khan, in the F.I.R. lodged from the applicants' side, have been granted anticipatory bail by means of separate order dated 15.09.2025 passed in Crl. Misc. Anticipatory Bail Application u/s 482 BNSS Nos.1230 of 2025 & 1229 of 2025 respectively. 8. The learned A.G.A.-I has opposed the application and he has submitted that the investigation is still pending. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view of the fact that persons from both the sides have received injuries in the incident and three persons from the applicants' side have received injuries in the incident; that the F.I.R.s have been lodged from both sides and two accused persons, in the F.I.R. lodged from the applicants' side, have been granted anticipatory bail; that the 3 accused persons have already been granted anticipatory bail in the present case passed by this Court in Crl. Misc. Anticipatory Bail Application u/s 482 Cr.P.C. No.1304 of 2025 and that the applicants have no previous criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicants. 10. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants before the learned Trial Court in the aforesaid case crime, they shall be released on bail on their 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 applicants shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicants shall not leave India without the previous permission of the court. NABAIL No. 1521 of 2025 2 (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants shall not pressurize/ intimidate the prosecution witness. October 16, 2025 kkb/ NABAIL No. 1521 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench