Arbaz and Another Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko

Neutral Citation No. - 2025:AHC-LKO:39871

Court No. - 30

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6396 of 2025

Applicant :- Arbaz And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Amit Kumar Singh,Sneha Singh Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for applicants, learned Additional Government Advocate appearing on behalf of the State and perused the record.

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Learned counsel for the applicants has filed a supplementary affidavit today in the Court, which is taken on record.

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This first bail application has been filed with regard to Case Crime No.578 of 2024, under Sections 310(2), 311, 317(3), 317(4) BNS, registered at P.S.-Kotwali Nagar, District -Sultanpur.

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As per contents of First Information Report, the incident is said to have taken place on 28.08.2024, when five unknown persons are said to have robbed the informant while he was in his shop. It is stated that two persons were wearing helmets while three persons covered their face by a cloth. The assailants reportedly robbed the informant's jewellery and cash.

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Learned counsel for the applicants submits that the applicants have falsely been implicated in the charges levelled against them. He further submits that even as per contents of FIR, the assailants could not be recognized by the informant. He further submits that some recovery of ornaments and cash has been indicated from the applicants but the same could not be identified by the informant.

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He further submits that the applicants have not been arrested from the spot but have been shown to be involved on the basis of confessional statement of one Arvind Yadav @ Fauji, who has already been enlarged on bail by this Court vide order dated 20.02.2025 passed in Criminal Misc Bail Application No.12890 of 2024. He also submits that other co-accused persons, namely, Durgesh Pratap Singh @ Lalji, Tribhuwan Kori Aka Lala,

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Sachin Singh, Pushpendra Singh @ Dablu, Vivek Singh and Ajay Yadav @ Dm Yadav have also been enlarged on bail by co-ordinate Benches of this Court vide orders dated 18.02.2025 (passed in Criminal Misc Bail Application No.1503 of 2025), 16.04.2025 (passed in Criminal Misc Bail Application No.1140 of 2025), 27.03.2025 (passed in Criminal Misc Bail Application No.2357 of 2025), 24.04.2025 (passed in Criminal Misc Bail Application No.3462 of 2025), 12.03.2025 (passed in Criminal Misc Bail Application No.2197 of 2025) and 21.03.2025 (passed in Criminal Misc Bail Application No.2404 of 2025) respectively. He further submits that the previous criminal history of the applicants have been explained in paragraph-21 of the bail application as well as in the supplementary affidavit and they are languishing in jail since 19.02.2025.

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Learned A.G.A. has opposed the bail application with the submission that the applicants' name have emerged during investigation on confessional statement of co-accused. It is however not disputed that the criminal history of the applicants has already been paragraph-21 of the bail application as well as in the supplementary affidavit.

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Upon consideration of submissions advanced by learned counsel for parties, perusal of material available on record and prima facie subject to further evidence being led during trial, it appears that even as per FIR, the identity of assailants could not be known to the informant at the time incident. The applicants have not been arrested from the spot and they have been shown involved only on the basis of confessional statement of coaccused Arvind Yadav, who has already been enlarged on bail as indicated herein above. The applicants are in jail since 19.02.2025 and the trial is yet to commence.

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Looking to the nature of allegations levelled against the applicants and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicants are entitled to be released on bail in this case.

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Accordingly bail application is allowed .

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Let applicants, Arbaz and Furkan @ Guzzar involved in the aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates 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.

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(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicants 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 them in accordance with law.

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( Om Prakash Shukla,J. )

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Order Date :- 14.7.2025 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Arbaz and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko

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Arbaz and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko

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