Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 74208 (ALL)

ZAKIR AND ANOTHER v. STATE OF U.P.

BAIL/26246/2025 · 2025-09-22

Sanjay Kumar Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26246 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard Ms. Swati Singh, learned counsel for the applicants, learned Additional Government Advocate representing the State and Mr. Ranjeet Singh, learned counsel appearing on behalf of the complainant. The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No. 117 of 2025, under Sections 105, 115(2), 352 B.N.S., police station Baberu, district Banda, during the pendency of trial. As per prosecution case, in brief, complainant Smt. Halima got a first information report lodged on 06.04.2025 for the offence under Sections 105, 115(2), 352 B.N.S. against Fakrudeen, Zakir (applicant No. 1) and Sakir (applicant No. 2) making allegations inter alia that on 06.04.2025 at about 2:00 p.m. her husband and father-in-law were badly beaten by the accused persons by kicks and fists as well as with sticks. It is argued by learned counsel for the applicants that in the F.I.R. as well as in the statement of injured-Kallu Khan, Versus Counsel for Applicant(s) : Birendra Singh, Swati Singh Counsel for Opposite Party(s) : G.A., Ranjeet Singh Zakir And Another .....Applicant(s) State of U.P. .....Opposite Party(s) general role has been assigned against all the accused persons. The case of present applicants stands on identical footing to that of co-accused Fakrudeen who has been granted bail by this Court vide order dated 14.08.2025 in Criminal Misc. Bail Application No. 27938 of 2025 and hence the applicants are also entitled for bail on the ground of parity. Lastly, it is submitted that there is no chance of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. Applicant Nos. 1 and 2 are languishing in jail since 06.04.2025 and 08.04.2025 respecitvely having no criminal antecedents and in case, the applicants are released on bail, they will not misuse the liberty of bail and cooperate with the trial. Per contra, learned Additional Government Advocate for the State as well as learned counsel for the complainant opposed the prayer for bail of the applicants but could not dispute the above factual aspect of the matter as argued on behalf of the applicants. Having heard learned counsel for the parties and examined the matter in its entirety, I find that co-accused-Fakrudeen under similar accusation has been granted bail as noted above, hence prima facie, the applicants have made out a case for bail on the ground of parity. Accordingly, the bail application is hereby allowed. Let the applicants-Zakir and Sakir, 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 applicants shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. BAIL No. 26246 of 2025 2 (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 after their release, the applicants 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. September 23, 2025 Kashifa BAIL No. 26246 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad