Pinku Ali Vs State of U.P. Thru. Prin. Secy. Home Sectt. Lko. — Allahabad HC (2025) — LawSathi Research

Pinku Ali Vs State of U.P. Thru. Prin. Secy. Home Sectt. Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Pinku Ali on bail in Case Crime No. 609 of 2025 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court unless exempted by the learned trial court.

Issue for consideration

Whether the applicant Pinku Ali, booked in Case Crime No. 609 of 2025 under Sections 309(4), 317(2) B.N.S. at Police Station Kotwali Sadar, District Lakhimpur Kheri, should be released on bail.

Court's answer

Having considered the facts and circumstances — the applicant having no previous criminal history, languishing in jail since 31.07.2025, and the investigation already standing concluded — the court held those facts sufficient to make out a case for enlargement of the applicant on bail, expressly without making any observation which may affect the merits of the case.

Ratio / Principle

The applicant was ordered released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to three conditions: (i) not to tamper with prosecution evidence; (ii) not to pressurize prosecution witnesses; (iii) to appear on each and every date fixed by the trial court unless his appearance is exempted by the learned trial court.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 13 — Criminal Misc. Bail Application No. 9031 of 2025, decided September 19, 2025 (Subhash Vidyarthi, J.). Bail application of Pinku Ali, described as a poor rickshaw puller with no criminal history, ALLOWED in Case Crime No. 609 of 2025 under Sections 309(4), 317(2) B.N.S. (Police Station Kotwali Sadar, District Lakhimpur Kheri), arising from an F.I.R. of 30.07.2025 alleging that two persons on a rickshaw snatched the informant's mother's earrings and threatened her. Applicant arrested with co-accused Jitu Mishra on 31.07.2025 on a mukhbir's tip-off; earring of yellow metal recovered; both accused confessed involvement and the complainant identified her earrings and the accused persons; charge sheet submitted 18.08.2025. Considering absence of previous criminal history, confinement since 31.07.2025 and conclusion of investigation, and expressly avoiding observations affecting merits, the court found the facts sufficient for enlargement on bail. Release ordered on furnishing a personal bond and two sureties each in the like amount, subject to: (i) no tampering with prosecution evidence; (ii) no pressurizing prosecution witnesses; (iii) appearance on every date fixed by the trial court unless exempted.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 9031 of 2025

Pinku Ali

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. .....Opposite Party(s) : Counsel for Applicant(s) Ram Asarey Verma Counsel for Opposite Party(s) : G.A.

Court No. - 13

HON'BLE SUBHASH VIDYARTHI, J.

Heard Sri Ram Asrey Verma, learned counsel for the applicant, Sri Shikhar Srivastava, learned Additional Government Advocate for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 609 of 2025, under Sections 309(4), 317(2) B.N.S., registered at Police Station Kotwali Sadar, District Lakhimpur Kheri.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.07.2025 stating that while the informant's mother was plucking flowers two persons came on a rickshaw and snatched away her earrings and after threatening her they went away on the same rickshaw.

In the affidavit filed in support of bail application it has been stated that the applicant is a poor rickshaw puller, he is innocent, he has been falsely implicated in the present case and he has no criminal history. The applicant has been arrested along with another accused person Jitu Mishra on the basis of an information received from a mukhbir on 31.07.2025 itself and earring of yellow metal was recovered from him. Both the accused persons have confessed their involvement in commission of offence and the complainant identified her earrings as well as the accused persons.

The learned Additional Government Advocate appearing on behalf

BAIL No. 9031 of 2025

2

of the State has opposed the prayer for and he has submitted the allegations have been established during investigation and a charge sheet has already been submitted on 18.08.2025.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 31.07.2025 and the investigation already stands concluded and 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 the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant-Pinku Ali 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:-

(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.

(Subhash Vidyarthi,J.)

September 19, 2025

Ram.

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