Jeeshan vs State Of U.P. Thru. Prin. Secy. Home ...
- Neutral2026:AHC-LKO:32902
Ratio decidendi
The rule this decision rests on
Where a first bail application is made by an accused charged under serious offences, and the accused has been in custody for a considerable period, and co-accused persons have already been granted bail, and there exists no material on record to suggest that the accused is a flight risk or poses a danger to witnesses, it is a fit case for enlarging the accused on bail on the furnishing of personal bond and sureties. The trial court or concerned court may impose such additional conditions on bail as it deems fit and proper in the circumstances of the case, beyond those specified in the bail order. Observations made in a bail order are confined to the bail application alone and do not constitute any opinion on the merits of the trial or guilt or innocence of the accused.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is first bail application filed on behalf of the applicant who is involved in Case Crime No. 179 of 2025, under Sections 191(2), 191(3), 190, 115(2), 117(2), 253(kha), 61(2), 109(1), 351(3) of B.N.S. & Section 7 Criminal Law Amendment Act registered at Police Station- Patti, District- Pratapgarh.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that the role of inflicting firearm injury has been assigned to the co-accused Shahbaz @ Lambu. Only general role has been assigned to the applicant. It is further submitted that several co-accused persons namely, Smt. Sakira Begum, Manijulnisha, Sajid @ Amit @ Amir, Md. Rizwan and Md. Iqrar have already been granted bail by the coordinate benches of this Court. The bail orders are on record as Annexure-8 to the bail application.
It is further submitted that the applicant has previous criminal history of three cases which are duly explained in para 20 of the bail application and he is in jail since 9.4.2026. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the prosecution witnesses. He undertakes that in case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Having heard learned counsel for the parties and having perused the material available on record and considering the fact that the applicant is in jail since 9.4.2026; his criminal history has duly been explained; co-accused named above have already been granted bail and without expressing any opinion on the merits of the case, this Court is of the view that it is a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant- Jeeshan involved in the aforesaid case crime number be released on bail in the aforementioned 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, either personally or through his counsel.
Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.
It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.
(Rajeev Bharti,J.)
May 7, 2026
Shravan
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