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2025 DAILYLAW 71811 (ALL)

IMRAN @ SAHAB v. STATE OF U.P.

BAIL/24185/2025 · 2025-08-04

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131191 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24185 of 2025 Applicant :- Imran @ Sahab Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi,Satish Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Imran @ Sahab, who is involved in Case Crime No. 137 of 2025, under Section 109 BNS, police station Saiyadraja, district Chandauli, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant, who is brother of injured Parvej, got an F.I.R. lodged on 05.06.2025 under Section 109 BNS, 2023 with regard to an incident which took place on 04.06.2025 against Siraj Khan, Imran @ Sahab (present applicant), Gayasuddin Khan and Irfan Khan making allegation inter alia that they on account of previous enmity, fired shot one by one at his brother Parvej, out of which, he received one fire-arm injury at his left knee. Main substratum of arguments of learned counsel for the applicant is that the injured has received only one fire-arm injury at his left knee whereas role of firing has been assigned to all the four accused persons including the applicant but it has not been specified that who has caused the said injury. Referring the statement of the injured Parvej, it is further pointed out that even injured did not specify that whose bullet hit him. The applicant does not have any criminal history to his credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 10.06.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that after the statement of the injured, the Investigating Officer on the basis of secret information came to know that fire shot of the applicant hit the injured. Hence, bail application of the applicant is liable to be rejected. Having heard learned counsel for the parties and examined the matter in its entirety, I find that injured received one fire-arm injury and from the F.I.R. as well as statement of the injured, it is not clear that bullet of which accused hit him. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Imran @ Sahab be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 5.8.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad