Asharfee Lal Vs State of U.P. Thru. Prin. Secy. Home

This is the second bail application filed on behalf of the applicant, his first bail application was dismissed as not pressed with the liberty to file afresh.

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Heard learned counsel for the applicant, Shri Anil Kumar Tripathi, learned counsel for the informant as well as learned A.G.A. for the State.

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The accused-applicant seeks bail in FIR/Case Crime No.30 of 2024 under Sections 302, 504, 506, 34 IPC and Section 27/30 of Arms Act, P.S.Malhiabad, District- Lucknow.

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In terms of the FIR, it was alleged that on 02.02.2024 at about 03:30 PM, when the informant was along with his family at home, co-accused Siraj and his son Farhaz along with his driver Ashrafi and Furkan on his Thar vehicle, The Siraj Khan was carrying a loaded rifle and when the family members tried to intervene, the son of the Siraj Khan, exhorted the entire family, because of which, the Siraj Khan hit the son of the informant with the fire armed injuries and when the brother and the wife of the informant tried to intervene, they were also hit by the fire armed injury. All the three persons died on the spot. Cause of death is fire armed injury.

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In light of the said allegation, learned counsel for the applicant states that in terms of the statement of the informant recorded under Section 161 Cr.P.C., it was stated that the main accused Siraj Khan and his son Farhaz came on the Thar and the applicant and the other co-accused persons came on a motorcycle. He states that nothing was stated in the FIR against the applicant of causing the fire armed injuries. However, in the statement under Section 161 Cr.P.C, it was stated that the applicant had exhorted co-accused

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BAIL No. 1617 of 2025

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2

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Furkan to provide the cartridge and it was used for commission of the offence in question. He thus argues that no role of firing was assigned to the applicant even as per the witness, it is further argued that in the crossexamination of the said witness, it was specifically asked, as to why, the said fact was not recorded in the FIR or in the statement recorded under Section 161 Cr.P.C., it was stated that the said version was not stated in the FIR or the statement under Section 161 Cr.P.C. He thus argues that in any way, no role of firing has been assigned to the applicant. Thus, the applicant who is in detention since 03.02.2024 and has no criminal history may be released on bail.

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Learned AGA as well as learned counsel for the informant has opposed the bail application by arguing that it is a case of triple murder where all the accused have given undertaking that the applicant who came on the motorcycle committed the drastic offence.

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Considering the facts and circumstances and the submissions at the par and recorded above, prima facie, although the presence of applicant was shown at the spot but no role of firing has been assigned to the applicant even in the statement recorded during trial. In view thereof, the applicant is in custody since 03.02.2024 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

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Let the applicant- Asharfee Lal be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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.

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(Pankaj Bhatia,J.)

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November 17, 2025 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Asharfee Lal v. State of U.P. Thru. Prin. Secy. Home

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Asharfee Lal v. State of U.P. Thru. Prin. Secy. Home

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