RAJU SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.
BAIL/5027/2025 · 2025-06-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143433 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143433 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34369 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5027 of 2025 Applicant :- Raju Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Shailendra Singh Rajawat,Vinay Kumar Singh Counsel for Opposite Party :- G.A. 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.0044 of 2025 under sections 103(1), 238 and 61(2) B.N.S. P.S.- Uchaullia District - Lakhimpur Khiri. Prosecution case is that Ashok Singh, the informant narrated the story that the deceased Devendra Singh was his son and was employed in a plywood factory in Sandila and was residing at his in-law's residence with his wife and children for last one and a half year and he used to visit his native village to over see the agricultural activities at his land. Further, alleged that on 11.2.2025, the deceased arrived at his parental house in the evening and requested food from his mother which was dropped by his mother from roof top and again on 12.2.2025, the same was repeated, but when on 13.2.2025 there was no communication from the deceased, the mother of the deceased informed the wife of the deceased that their is no whereabouts of the deceased and thereafter, the family members searched and found the deceased inside the room which was locked and
when the door of the room was broken out, the dead body was found lying on the floor of the room and hands and legs were tightened with a towel and there were injuries inflicted with sharp edged weapon on the right side of his head.
Learned counsel for the applicant submits that case is of circumstantial evidence. The applicant is not named in the F.I.R. Except the confessional statement of Karan Singh in police custody there is no other material with the prosecution. Applicant has explained the criminal history of two cases in paragraph 25 of the bail application. The applicant is in jail since 18.02.2025. He submits that the co-accused Vijay Kumar Singh @ Pappu Singh who were assigned the similar role has been granted bail by Co-ordinate Bench of this Court vide order dated 16.05.2025 passed in Criminal Misc. Bail Application No.3195 of 2025. Applicant seeks parity with the bail order of aforesaid co- accused. Learned A.G.A. has opposed the bail prayer however, could not dispute that it is a case of parity. 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, case is of circumstantial evidence so also the fact that applicant seeks parity with the bail order of co-accused Vijay Kumar Singh @ Pappu Singh (supra), 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 on the grounds of parity. Let the applicant Raju Singh 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 Penal Code. (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. 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 of the Indian Penal Code.
Order Date :- 3.6.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench