Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 88226 (ALL)

ABDUL KHALIK @ KHALID v. STATE OF U.P.

BAIL/28916/2025 · 2025-08-21

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:144772 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28916 of 2025 Applicant :- Abdul Khalik @ Khalid Opposite Party :- State of U.P. Counsel for Applicant :- Kanjaanan Pyare Singh,Pawan Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Pawan Kumar Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.19 of 2025, S.T. No.338 of 2025, under Sections 351(3), 352 B.N.S., Police Station Nebua Naurangia, District Kushi Nagar, during the pendency of trial. 4. Learned counsel for the applicant has stated that in the instant case, the applicant was granted bail by this Court vide order dated 7.8.2025 passed in Criminal Misc. Bail Application No.26739 of 2025 and later on, the final report (charge-sheet) has been submitted in the added Sections of 351(3), 352 B.N.S. Learned counsel has further stated that the applicant has not misused the said opportunity granted earlier on and has cooperated during trial and is ready to do so in future also. There is no criminal history of the applicant. The applicant is languishing in jail since 11.01.2025. In case, he is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. The Supreme Court in Sehre Alam & Ors. vs. State of U.P. & Anr, [2004(1) JIC 33 All (LB)] has held that no further bail is required in the same crime if once bail is granted in some sections. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, taking into consideration the judgment of Supreme Court passed in Sehre Alam (Supra) and without expressing any opinion on the merits of the case, 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- Abdul Khalik @ Khalid, 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. Order Date :- 22.8.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad