ANAND v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
BAIL/5121/2025 · 2025-06-05
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145131 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145131 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34703 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5121 of 2025 Applicant :- Anand Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Ajai Kumar Singh,Shobhit Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA and perused the record. The applicant seeks enlargement on bail in Complaint Case No.12994 of 2018, under Section 302, 201, 120B IPC, P.S. Kotwali Dehat, District Hardoi. The applicant is being tried for an offence under Section 302 IPC initiated against the applicant based upon a complaint filed and contained in Annexure- 1. The submission of learned counsel for the applicant is that the complainant of the present complaint had earlier lodged an FIR being Case Crime No.0135 of 2018 on 09.04.2018 wherein it was alleged that the driver of vehicle no.UP 30 J 9700 had given lift to the informant and the other persons and subsequently, the vehicle overturned and an accident occurred. On the basis of the said FIR, an inquest report was also prepared and a charge-sheet was filed against the driver of the said vehicle under Section 279/304A IPC. Subsequently, concealing the said material fact, the present complaint was filed by the same complainant after about five months alleging that in the same incident, a murder was committed. Subsequently, based upon the statements record, the applicant was summoned for being tried in the offence in question. It is further submitted that the co-accused Kamlakant has been granted bail by a coordinate Bench of this Court vide order dated 2.2.2024 passed in Criminal Misc. Bail Application No. 1201 of 2024. Thus, the applicant claims parity. Learned AGA has opposed the bail application. Considering the submissions as recorded above, prima-facie, the same informant had earlier lodged an FIR alleging the death in a car accident in which charge-sheet was also filed, and subsequently, concealing the said material fact, the present complaint was filed. In view of all these facts, prima-facie, a
case for bail is made out, particularly, when the applicant is in custody since 24.11.2024 having no criminal history and the co- accused Kamlakant has already been granted bail.
Thus, without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Anand be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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.
Order Date :- 5.6.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench