VIJAY KUMAR MAURYA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/2837/2025 · 2025-09-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131698 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131698 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2837 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.180 of 2024, under Section 103(1) of BNS, P.S. Udaypur, District Pratapgarh. 3. In the prosecution case it is alleged that daughter of the informant aged about 18 years went away from home on 26.10.2024 at around 1 o'clock in the night. In the morning her dead body was found in a field 500 meters away from village. It is alleged that some unknown person has committed murder of the deceased. 3. Learned counsel for the applicant submits that name of the applicant has surfaced in the statement of the complainant under Section 161 Cr.P.C. The only allegation against the applicant is that he has made a threatening call to the complainant on the mobile number of the complainant. Cause of death is ante mortem strangulation. There is no eye witness to the incident, there is no last seen evidence. P.W.1 & P.W.2 have been examined. There is no chance of tampering the evidence. Applicant has no criminal history. He submits that the applicant is in jail since 29.10.2024. 4. Learned A.G.A. has opposed the bail prayer. Versus Counsel for Applicant(s) : Ranjeet Pratap Singh Counsel for Opposite Party(s) : G.A. Vijay Kumar Maurya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s)
5. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 29.10.2024 having no criminal history, statement of P.W.1 and P.W.2 have been examined, case is of circumstantial evidence, there appears to be no chance of tampering the evidence and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 6. Accordingly, the bail application is allowed. 7. Let the applicant Vijay Kumar Maurya 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: (i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness. (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. (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. (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). (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 BAIL No. 2837 of 2025 2
initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). September 4, 2025 Saurabh Yadav/- BAIL No. 2837 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench