Allowed

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

Allahabad HC12 Aug 2025BAIL/4994/2025

Case brief

AI extract

What is this about?

Regular bail application in a BNS assault case involving ten named accused. The court noted the applicant's role was similar to two co-accused already granted bail by a coordinate bench and released him on parity with standard conditions against tampering, pressurising witnesses, and requiring trial attendance.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties each in like amount to the satisfaction of the magistrate/court concerned, subject to three stated conditions.

Warish Khan Vs State of U.P. Thru. Secy. Home Deptt. Lko. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:47832

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4994 of 2025

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Applicant :- Warish Khan Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Amit Kumar, learned counsel for the applicant, and Shri Manish Kumar Pandey, learned Additional Government Advocate for the State.

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The applicant has filed this application seeking bail in case crime No. 110 of 2025 under sections 109, 191(2), 191(3), 115(2), 118(1), 352, 351(2) BNS Act, Police station Padua, District Lakhimpur Kheri.

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The aforesaid case has been registered on the basis of a First Information Report lodged on 4/3/2025 against 10 named persons, including the applicant, stating that all the accused persons had assaulted the informant and his family members and had damaged their household goods.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and has been falsely implicated in the present case.

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A supplementary affidavit has been filed on behalf of the applicant, disclosing the applicant?s involvement in two other criminal cases, in both of which the applicant has already been granted bail.

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Two co-accused persons, Shoaib and Kafeel, have been granted bail by means of an order dated 30/07/2025, passed by a coordinate bench of this court in Bail Application No. 3595 of 2025.

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Learned AGA has opposed the bail application, but he could not oppose the fact that the role assigned to the applicant is similar to the role assigned to the co-accused, Shoaib and Kafeel.

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Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is entitled to be

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released on bail on the ground of parity. The application is accordingly allowed .

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Let the applicant- Warish Khan be released on bail in the aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(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.

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( Subhash Vidyarthi, J. )

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Order Date :- 12.8.2025 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

What is this about?

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

Case brief

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