SATISH KUMAR SAROJ v. STATE OF U.P. THRU. PRIN. SECY. HOME CRIME INVESTIGATION DEPTT. LKO.
BAIL/5131/2025 · 2025-06-06
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145166 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145166 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34887 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5131 of 2025 Applicant :- Satish Kumar Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Crime Investigation Deptt. Lko. Counsel for Applicant :- Sheo Prakash Singh,Pradeep Rai Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the two cases mentioned in the gang chart. In both the cases mentioned in the gang chart, he has been released on bail. The bail orders are on record as Annexure No. 3 collectively to the bail application. Apart from the cases mentioned in the gang chart, there are three more cases pending against the accused applicant. In those three cases, he has been enlarged on bail. The bail orders of case crime Nos. 216 of 2022 and 229 of 2023 are on record as Annexure No. 4 and 5 to the bail application. Specific pleading regarding the third case has been made in para 8 of the bail application. It has been further submitted that the co-accused Anuj Pandey has already been enlarged on bail vide order dated 12.2.2025 passed in CRIMINAL MISC. BAIL APPLICATION No. - 1045 of 2025. Learned counsel for the applicant seeks parity with the
order of co-accused Anuj Pandey. It has been further submitted that applicant is in jail since 18.03.2025 and if facility of bail is granted, there is no
apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co- operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. On due consideration to the bail order of the co-accused Anuj Pandey, the fact that in the cases mentioned in the gang chart as well as in other three cases, he has been enlarged on bail; apart from those five cases, there is no other case pending against the applicant; the applicant is languishing in jail since 18.03.2025 and without expressing any opinion on the 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, Satish Kumar Saroj involved in Case Crime No. 399/2024, under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - Baghrai, District - Pratapgarh, 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 submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail. (vi) 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. (vii) 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 :- 6.6.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench