AKHILESH PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/4188/2025 · 2025-07-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140095 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140095 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39775 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4188 of 2025from him. Applicant :- Akhilesh Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anand Dubey,Vibhanshu Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant was initially granted bail by the learned lower court vide order dated 11.06.2002, as no recovery was made from him. However, due to the failure of his lawyer to inform him about the ongoing proceedings from November 2017 onwards, he remained unaware of the case, which resulted in his non-appearance. After being apprised of the proceedings, the applicant surrendered before the trial court and is in judicial custody since
27.03.2025. The applicant has explained is criminal antecedents involving three cases in paragraph 3 of the supplementary affidavit. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail and shall cooperate in the trial proceedings. 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. Considering the submissions advanced, the fact that the applicant is in custody since 27.03.2025, the explanation provided regarding his criminal antecedents, and his undertaking to cooperate in future trial proceedings, and
without commenting on the merits of the case, I am of the view that this is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Akhilesh Pratap Singh involved in Case Crime No.-238/2001, U/S 392 I.P.C. & Section-3(1) U.P.Gangster Act, P.S. Mawai, District Ahodhya 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 in accordance with law. (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 initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS).
Order Date :- 11.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench