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2025 DAILYLAW 57845 (ALL)

NABAB v. STATE OF U.P.

BAIL/16604/2025 · 2025-09-18

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16604 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shiv Sharan Tripathi, learned counsel for the applicant, Ms. Sandhya Chaturvedi, Advocate holding brief of Sri Ansar Ahmad, learned counsel for the informant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.035 of 2025, under Sections 191(2), 118(1), 352, 109(1), 115(2), 3(5) B.N.S., 2023 and 4/25 Arms Act, Police Station Quarsi, District Aligarh, during the pendency of trial. 4. As per prosecution story, the applicant alongwith two other named accused persons and 2-3 unknown persons is stated to have assaulted and caused injuries to three persons in all by knife on 14.01.2025. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed and there is no time of offence mentioned in it. There are general and omnibus allegations against all the accused persons including the applicant. There is no criminal history of the applicant. The applicant is languishing in jail since 16.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned counsel for the informant and learned State Law Officer have Versus Counsel for Applicant(s) : Chandrajeet Yadav, Sanjay Pathak, Shiv Sharan Tripathi Counsel for Opposite Party(s) : Ansar Ahmad, G.A. Nabab .....Applicant(s) State of U.P. .....Opposite Party(s) vehemently opposed the bail application on the ground that the injuries were grievous in nature. Had the injuries inflicted gone away deep, it would have led fatal to the injured person. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and there being general and omnibus allegations against all the accused persons, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Nabab, 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 shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 19, 2025 (Ravi Kant) BAIL No. 16604 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad