CRIMINAL MISC. BAIL APPLICATION No. 8450 of 2025 · Allahabad High Court
Case at a glance
Outcome
Bail granted
Accordingly, this bail application stands allowed
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 109(1), 190, 191(2), 191(3), 351(2)
- Arms Act, 1959
Judgment
Heard Shri Alok Kumar Singh, learned counsel for the applicant, Shri Prashant Tripathi, learned A.G.A. for the State and perused the record.
The instant application has been filed seeking release of the applicant on bail in Case Crime No.264 of 2024 under Sections 109(1)/190/191(2)/191(3)/351(2) of B.N.S. and 3/25 Arms Act & 4/25 of Arms Act registered at Police Station- Hydrabad, District- Lakhimpur Kheri.
The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.07.2025 against 14 persons, including the applicant, stating that all the accused persons assaulted the informant and his family members because of a petty dispute between the children. Seven persons from the side of the informant have received injuries in the incident though all the injuries were reported to be simple in nature.
An FIR No.265/2025 regarding the same incident was lodged from the applicant's side also against the persons from the informant's side stating that the persons from the informant's side have assaulted the persons from the applicant's side causing injuries to three persons. The injury report of the injuries suffered by three persons from the applicant's side have been annexed with the affidavit filed in support of the application. 2 BAIL No. 8450 of 2025
In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.
The learned counsel for the applicant has submitted that a co- accused person Sirajuddin, has been granted bail by means of an order dated 08.09.2025 passed by this Court in Criminal Misc. Bail Application No. 8471 of 2025.
Learned A.G.A. has vehemently opposed the bail application and he has submitted that allegations have been established during investigation of the present case is still pending.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the persons from both the sides have received injuries in the incident but there is no mention regarding the injuries suffered by persons from the applicant's side in the FIR which indicates that the FIR does not disclosed the complete facts; all the injuries suffered in the incident were simple in nature; that the applicant has no previous criminal history and he is languishing in jail since 26.07.2025 and that a co-accused person has already been granted bail, I am of the view that the applicant is also entitled to be released on bail on the ground of parity.
Operative part
Accordingly, this bail application stands allowed.
Let the applicant- Azam Khan be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. September 11, 2025 Preeti. (Subhash Vidyarthi,J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this bail application stands allowed
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — ss. 109(1), 190, 191(2), 191(3), 351(2); Arms Act, 1959.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.