Jameel Ahmad Vs State of U.P. Thru. Prin. Secy. Home Sectt. Lko

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Neutral Citation No. - 2025:AHC-LKO:49490

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6496 of 2025

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Applicant :- Jameel Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko

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Counsel for Applicant :- Irfan Alam,Saniya Ansari Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accusedapplicant seeking bail in Case Crime No.23 of 2025, under Section 109(1) of BNS, P.S. Kotwali Nagar, District Balrampur.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.01.2025 at 04.42 Hrs. stating that he had gone to sleep at the field at about 9.30 p.m. on 26.01.2025. Her second wife informed him telephonically that some unknown persons had entered the house and assaulted with knife. The informant reached home and found her first wife Shamshul Nisha lying in blood soaked condition, the second wife was also hit by knife and she also fell unconscious. Both wives of the informant were taken to the hospital where the first wife was declared dead and the second wife was under treatment.

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The postmortem examination report mentions four incised wounds and multiple stab wounds on the dead body and the cause of death has been opined to be hemorrhagic shock due to ante mortem injuries.

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In the statement of the informant recorded by the Investigating Officer, he stated that he had gone to sleep in his

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field between 8.15 p.m. to 8.20 p.m. on 26.01.2025. Her second wife telephonically informed him about the assault at about 9.45 p.m. Upon reaching home he found the first wife lying in a blood soaked condition and the second wife was found inside a room which was locked from the inside. He cut open the wiremesh of the window and thereafter accessed the room. He found that the co-accused Shabnam Jahan had vomited and was lying unconscious inside the room and she had suffered a stab wound on the left side of chest. The injury report mentions incised wound of size 5cmX1cm muscle deep on the left side of chest. The duration of injury was reported to be fresh.

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Learned counsel for the applicant submits that injured in her statement has not alleged the complicity of the applicant. During investigation injured as well as the applicant both have been made accused. In the confessional statement, injured has assigned the role of inflicting injuries on the present applicant. A knife is said to have been recovered from the open place on pointing out of the applicant without there being any independent witness.

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He further submits that co-accused Shabnam Jahan has been granted bail by a Co-ordinate Bench of this Court vide order dated 27.05.2025 passed in Criminal Misc. Bail Application No.4650 of 2025. He submits that the applicant is in jail since 05.02.2025.

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Learned A.G.A. has opposed the bail prayer and submits that charge-sheet has been filed against the applicant.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 05.02.2025 havnig no criminal history, bail order of coaccused Shabnam Jahan (supra), prima facie, it appears that except the confessional statement of the injured given initially

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and the recovery of a knife to which there is no independent witness there apprars to be no other material with the proseuction and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Jameel Ahmad be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he 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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(v) 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 of the Indian Panel Code (now Section 269 of BNS).

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(vi) 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. (now Section 84 BNSS) is issued and the 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 of the Indian Panel Code (now Section 209 BNS).

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Order Date :- 22.8.2025 Saurabh Yadav/-

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

Jameel Ahmad v. State of U.P. Thru. Prin. Secy. Home Sectt. Lko

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