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2025 DAILYLAW 114535 (ALL)

BRAJESH KUMAR AWASTHI ALIAS BABLU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME GOVT. OF U.P. LKO.

/130/2025 · 2025-01-08

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1438 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 130 of 2025 Applicant :- Brajesh Kumar Awasthi Alias Bablu Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Of U.P. Lko. Counsel for Applicant :- Prateek Tewari,Vijay Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned counsel for the State and perused the record. 2. The applicant seeks enlargement on bail in FIR No.12 of 2023, under Section 419, 420, 467, 468, 471, 120-B, 204, 387, 506 IPC & Section 7-A of P.C. Act, P.S. SIT, District Lucknow. 3. It is stated by learned counsel for the applicant that in similar set of facts, the applicant has been granted bail in Criminal Misc. Bail Application No. 3470 of 2024, as such, the applicant may be granted bail in the present case also. 4. Learned counsel for the State could not dispute the aforesaid facts. 5. Considering the fact that the applicant has been granted bail in a similar case, the applicant is entitled to be enlarged on bail in the present case also. In view thereof, the application is allowed. 6. Let the applicant- Brajesh Kumar Awasthi alias Bablu involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties of Rs. 30,000/- each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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 Penal Code; (3) The applicant 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.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 8.1.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench