ANOOP @ ANOOP KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO
BAIL/1623/2025 · 2025-07-02
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124373 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124373 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37331 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1623 of 2025 Applicant :- Anoop @ Anoop Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Dinesh Kumar,Umesh Dixit Counsel for Opposite Party :- G.A.,Akhilesh Trivedi,Ravindra Pratap Trivedi,Shyamendra Singh Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Umesh Dixit, learned counsel for applicant, Sri Rishikesh Verma, learned Additional Government Advocate for the State and Sri Shyamendra Singh, learned counsel for the informant. 2. As per learned counsel for the applicant, the present applicant (Anoop @ Anoop Kumar) is languishing in jail since 18.11.2024 in Case Crime No.262 of 2024, under Sections 191(2), 191(3), 190, 109, 118(1), 324(4) and 351(2) B.N.S of 2023, registered at Police Station-Mishrikh, District-Sitapur. 3. Learned counsel for applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.). 4. At the very outset, learned counsel for the applicant has shown the copies of bail orders granted by this Court in favour of the co-accused persons, namely, Ruby, Jagannu @ Jagnu, Bablu, Atul and another, Chhoti Munni and Rohit, vide order dated 25.04.2025 passed in Criminal Misc. Bail Application No.2198 of 2025, vide order dated 01.05.2025 passed in Criminal Misc. Bail Application No.241 of 2025, vide order dated 06.05.2025 passed in Criminal Misc. Bail Application No.582 of 2025, vide order dated 14.05.2025 passed in Criminal Misc. Bail Application No.4138 of 2025, vide order dated 23.05.2025 passed in Criminal Misc. Bail Application No.12366 of 2024 and vide order dated 30.05.2025 passed in Criminal Misc. Bail Application No.4928 of 2025. The role of the present applicant is absolutely identical with the co-accused persons to whom this Court has granted bail. Therefore, on the basis of principles of parity, the present applicant may also be enlarged on bail. 5. Learned counsel for the applicant has submitted that in the F.I.R. no specific role has been attributed to the present applicant as general role has been attributed to the present applicant and other accused persons, who have been granted bail. The charge-sheet has been filed. The present applicant is having no prior criminal history of any kind whatsoever.
He undertakes on behalf of the present applicant that he shall co- operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. 6. So far as the ground of parity has been pleaded, learned Additional Government Advocate could not dispute. However, he has submitted that the culpability of the present applicant in the commission of offence along with other co-accused persons has been found, therefore, the present applicant is not entitled to be released on bail, however, the direction may be issued to expedite the trial. 7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no specific role has been attributed to the present applicant as general role has been attributed to the present applicant and other accused persons, who have been granted bail; the present applicant is having no prior criminal history of any kind whatsoever and the undertaking that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order; the fact that the aforesaid co-accused persons have been granted bail by this Court vide orders dated 25.04.2025, 01.05.2025, 06.05.2025, 14.05.2025, 23.05.2025 and 30.05.2025 (supra), without expressing any opinion on merits of the issue, I am of the view that the present applicant may be released on bail in this case. 8. Accordingly, the instant bail application is allowed. 9.
Let the applicant (Anoop @ Anoop Kumar) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) 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. (ii) 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 IPC/269 of the B.N.S., 2023. (iii) 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./84 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023. (iv) 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./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant 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 him in accordance with law. The present applicant shall not leave the country without prior permission of the Court. [Rajesh Singh Chauhan,J.] Order Date :- 2.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench