Suhail Khan Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Neutral Citation No. - 2025:AHC-LKO:26830

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1924 of 2025

Applicant :- Suhail Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Santosh Kumar Kanaujia Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Vidyarthi,J.

¶6

Heard Sri Santosh Kumar Kanaujia, learned counsel for the applicant, Sri Arvind Kumar Pandey, learned Additional Government Advocate for the State and perused the records.

¶7

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 352 of 2024, under Sections 103(2), 115(2), 190, 191(2), 191(3), 333, 351(2) B.N.S., registered at Police Station Haidarabad, District Lakhimpur Kheri.

¶8

The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.12.2024 against four named accused persons, not including the applicant and an unknown person stating that the accused persons came on a four wheeler vehicle, broken the door of her house and assaulted her husband with hockeys, sticks and iron rods. When the informant and her mother in law tried to intervene they were also beaten up. The informant's husband suffered serious injuries on his head and he died while being taken to CHC, Gola.

¶9

The postmortem examination report of the deceased mentions a lacerated wound bone deep present over right side of forehead, the underlying frontal bone found fractured, membrane and brain found lacerated, lacerated wound bone

¶10

deed present over back of head behind right ear, contusion present over front of chest, both lungs found lacerated. The informant had suffered four injuries which were simple in nature, caused by hard and blunt object and her mother in law had suffered two simple injuries, caused by hard and blunt object. The police claimed to have arrested nine persons, including the applicant on the basis of information received from a mukhbir and in their custodial statement they confessed about their involvement in commission of offence.

¶11

In the affidavit filed in support of 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.It has also been submitted on behalf of the applicant that two coaccused persons Avanish Kumar and Shailendra Kumar have already been enlarged on bail by this court by means of orders dated 24.03.2025 and 29.04.2025, passed in Criminal Misc. Bail Application Nos.2378 of 2025 and 861 of 2025 respectively.

¶12

The State has filed a counter affidavit annexing therewith copies of material collected during in investigation, including a copy of the recovery memo. It appears that the investigation has not completed till filing of the counter affidavit.

¶13

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the case set up against the applicant is similar to the case as set up against the two coaccused persons, both of whom have been granted bail by this court coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 16.12.2024 without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in

¶14

the aforesaid crime on the ground of parity.

¶15

Accordingly, this bail application stands allowed .

¶16

Let the applicant- Suhail Khan be released on bail in the aforesaid 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:-

¶17

(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, unless his appearance is exempted by the learned trial court.

¶18

(Subhash Vidyarthi, J.)

¶19

Order Date :- 7.5.2025 Ram.

¶20

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Suhail Khan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

What is this about?

What did the court decide?

Suhail Khan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Vivek Yadav Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 3 Others

Amitabh Kumar Srivastava @ Amitabh Srivastava Vs State of U.P. Thru. Secy. Home Lko

Amitabh Kumar Srivastava @ Amitabh Srivastava Vs State of U.P. Thru. Secy. Home Lko.

Virendra Singh Yadav @ Veerey Yadav Vs State of U.P. Thru. Prin. Secy. Home Lko.

Sundar Lal Lodhi Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Sonu @ Abhay Kumar Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others