SHIV PUJAN YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME CIVIL SECTT. LKO
BAIL/3849/2025 · 2025-08-19
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137189 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137189 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48521
Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3849 of 2025 Applicant :- Shiv Pujan Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko Counsel for Applicant :- Archana Singh,Shiv Shankar Mishra,Vishnu Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.Learned counsel for the applicant submits that the allegation against the applicant and the co-accused persons is that the applicant and they have withdrawn Rs.1460775 from the account of Gram Panchayat Rastamau, Sinhpur, out of which Rs.45,000/- was transferred by the applicant in his account and Rs.25,000/- were spent. A sum of Rs.9 lacs was deposited in the account of co-accused Aditya. It is submitted that Aditya has been enlarged on bail by a coordinate Bench of this court vide order ated 7.7.2025 passed in bail No.5629 of 2025. Another co accused Amresh Kumar has also been granted bail vide order dated 3.7.2025 passed in Bail No.3060 of 2025. The applicant has explained criminal history of one case in the supplementary affidavit. It is submitted that the account of the applicant has been seized. Charge sheet has been filed. The applicant claims parity with the bail orders of the co-accused. The applicant is in jail since 11.3.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or
tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has explained criminal history of one case, the co-accused persons, named above, have been granted bail,
arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Shiv Pujan Yadav, involved in Case Crime No.63 of 2025 under sections 318(4), 111, 316(5) BNS, 66D IT Act, P.S. Mohan Ganj, district Amethi, be released on bail 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 which are being imposed in the interest of justice:- (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 I.P.C. (now 269 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 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 174-A I.P.C. (now 209 BNS). 7.The application is allowed accordingly, on the ground of parity.
Order Date :- 19.8.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench