High Court · 2025

1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 306 of 2018, under Sections 147, 148, 149, 302 IPC, Police Station Antu, District Pratapgarh.

3. The case was listed yesterday i.e. on 18.06.2025 and the following order was passed: "Vakalatnama filed today by Shri Muzammil Asad, Advocate, on behalf of the complainant is taken on record. On the request of learned counsel for the complainant, put up this case tomorrow i.e. on 19.06.2025 at 02:30 PM indicating the name of Shri Muzammil Asad in the cause list from the side of respondents."

4. As no one is present for the complainant, therefore, the bail application is being decided with the assistance of counsel for the applicant as well as learned AGA for the State.

5. Learned counsel for the applicant submits that the applicant was named in the First Information Report and after investigation, no evidence was found against him, therefore, the name of the applicant was dropped and the chargesheet was filed against three persons and thereafter the supplementary chargesheet was also filed against two other persons and trial was proceeded against those persons and thereafter five witnesses were examined by the learned trial court and then application under Section 319 Cr.P.C. was filed and the applicant was summoned. He applied for bail but the bail application was rejected on 20.05.2025. Learned counsel for the applicant submits that the applicant never misused the liberty given by the Investigating Officer during the course of investigation and he also submits that the applicant was implicated in ten cases, out of which in three cases, the final report has been filed, in four cases he has already been acquitted, in one case the notice has been withdrawn under the provisions of Gundas Act and in two cases he is on bail. He is ready to cooperate in the trial. He further submits that another co-accused, namely, Mahroj has already been granted bail by this Court vide order dated 18.06.2025 passed in Crl. Misc. Bail Application No. 5316 of 2025, therefore, the applicant is also entitled to be released on bail.

6. Learned AGA has vehemently opposed the prayer for bail but he does not dispute this fact that the applicant was initially named in the FIR but later on his name was dropped due to lack of evidence and thereafter he was summoned under Section 319 Cr.P.C. and he also does not dispute this fact that co-accused, having identical role and he was also summoned under Section 319 Cr.P.C., has already been enlarged on bail.

7. Considering the submissions of learned counsel for the applicant, learned AGA for the State and going through the contents of FIR as well as other relevant documents, it is evident that the applicant was named in the FIR and his name was dropped, as no evidence was found against him and thereafter during the course of trial, he was summoned under Section 319 Cr.P.C., he applied for bail but his bail application was rejected, I am of the view that the applicant is entitled to be released on bail.

8. The bail application is allowed.

9. Let the applicant-Akhtar Ali @ Bablu, 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: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 B.N.S.S. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C./209 B.N.S. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.6.2025 kkv/ KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 306 of 2018, under Sections 147, 148, 149, 302 IPC, Police Station Antu, District Pratapgarh.

3. The case was listed yesterday i.e. on 18.06.2025 and the following order was passed: "Vakalatnama filed today by Shri Muzammil Asad, Advocate, on behalf of the complainant is taken on record. On the request of learned counsel for the complainant, put up this case tomorrow i.e. on 19.06.2025 at 02:30 PM indicating the name of Shri Muzammil Asad in the cause list from the side of respondents."

4. As no one is present for the complainant, therefore, the bail application is being decided with the assistance of counsel for the applicant as well as learned AGA for the State.

5. Learned counsel for the applicant submits that the applicant was named in the First Information Report and after investigation, no evidence was found against him, therefore, the name of the applicant was dropped and the chargesheet was filed against three persons and thereafter the supplementary chargesheet was also filed against two other persons and trial was proceeded against those persons and thereafter five witnesses were examined by the learned trial court and then application under Section 319 Cr.P.C. was filed and the applicant was summoned. He applied for bail but the bail application was rejected on 20.05.2025. Learned counsel for the applicant submits that the applicant never misused the liberty given by the Investigating Officer during the course of investigation and he also submits that the applicant was implicated in ten cases, out of which in three cases, the final report has been filed, in four cases he has already been acquitted, in one case the notice has been withdrawn under the provisions of Gundas Act and in two cases he is on bail. He is ready to cooperate in the trial. He further submits that another co-accused, namely, Mahroj has already been granted bail by this Court vide order dated 18.06.2025 passed in Crl. Misc. Bail Application No. 5316 of 2025, therefore, the applicant is also entitled to be released on bail.

6. Learned AGA has vehemently opposed the prayer for bail but he does not dispute this fact that the applicant was initially named in the FIR but later on his name was dropped due to lack of evidence and thereafter he was summoned under Section 319 Cr.P.C. and he also does not dispute this fact that co-accused, having identical role and he was also summoned under Section 319 Cr.P.C., has already been enlarged on bail.

7. Considering the submissions of learned counsel for the applicant, learned AGA for the State and going through the contents of FIR as well as other relevant documents, it is evident that the applicant was named in the FIR and his name was dropped, as no evidence was found against him and thereafter during the course of trial, he was summoned under Section 319 Cr.P.C., he applied for bail but his bail application was rejected, I am of the view that the applicant is entitled to be released on bail.

8. The bail application is allowed.

9. Let the applicant-Akhtar Ali @ Bablu, 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: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 B.N.S.S. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C./209 B.N.S. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.6.2025 kkv/ KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench