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2025 DAILYLAW 135300 (ALL)

SUMER RAWAT v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/3377/2025 · 2025-07-09

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38938 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3377 of 2025 Applicant :- Sumer Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Mahendra Nath Mishra Counsel for Opposite Party :- G.A.,Lalit Mohan Joshi,Rajesh Kumar Misra,Shubhra Sahai,Vijayendr Pandey Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.0340 of 2024, under Sections 420, 467, 468, 471, 120-B, 504, 506 I.P.C., P.S. Bakshi Ka Talab, District Lucknow. It is alleged in the prosecution case that informant purchased Plot No.08 A laying in minzumla Gata Nos.471 and 472 situated in Tehsil-Bakshi Ka Talab from Shivnath. It is alleged that applicant and one Yogendra Singh are property dealers and with an intent to cheat the informant they have provided possession over the government land and pressurized him to raise construction on the same. It is also alleged that when objected by Lekhpal and Kanoongo, he took down his construction. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant has explained the criminal history. It is submitted on behalf of the applicant that as according to prosecution case applicant has received Rs.2,20,000/- in lieu of transaction of said land. Out of Rs.2,20,000, he has already paid Rs.1,50,000/- to the complainant, learned counsel for the complainant does not deny this fact. He submits that the applicant is in jail since 18.02.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 18.02.2025, charge-sheet in the case has been filed, offence is triable by magistrate, applicant has explained the criminal history and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Sumer Rawat 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 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 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 initiate proceedings against him, in accordance with law, under Section 209 BNS. Order Date :- 9.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench