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2025 DAILYLAW 42093 (ALL)

IQBAL @ LALLA v. STATE OF U.P.

BAIL/12474/2025 · 2025-09-22

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12474 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Hemendra Pratap Singh, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. This is the second bail application filed on behalf of the applicant seeking bail in Case Crime No. 348 of 2024, under Sections 323, 326, 504, 506 of IPC, Police Station - Gursahaiganj, District - Kannauj, during the pendency of trial. His first bail application was rejected by coordinate Bench of this Court vide order dated 17.9.2024 passed in C.M.B.A. No. 34320 of 2024. 4. As a new ground, learned counsel for the applicant has stated that the applicant is incarcerated for about one year and two months and there is no likelihood of early conclusion of trial in near future. 5. Learned counsel has further argued that the applicant's father had moved an application before the District Magistrate, Kannauj demanding medical examination of the injured through a panel of doctors but the said examination has not been conducted by the authorities. No injury has been caused to the eye of the victim. The said fact stands fortified from the supplementary injury report prepared by the concerned doctor on 01.07.2024 which indicates that there was old history of cracker's blast to the said eye of the injured person. 6. Learned counsel has also stated that it is true that retina tear was present Versus Counsel for Applicant(s) : Anshu Singh, Hemendra Pratap Singh Counsel for Opposite Party(s) : G.A. Iqbal @ Lalla .....Applicant(s) State of U.P. .....Opposite Party(s) but the applicant was not the author of the said injury. The applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about three days and there is no explanation of the said delay caused. 7. Learned counsel has next contended that the applicant is languishing in jail since 24.07.2024, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment, delay in lodging the FIR and also considering the supplementary injury report of the injured, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Iqbal @ Lalla, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 23, 2025 Siddhant BAIL No. 12474 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad