VEDPRAKASH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME, U.P. LUCKNOW
BAIL/8330/2023 · 2025-07-01
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146671 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146671 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37048 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8330 of 2023 Applicant :- Vedprakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, U.P. Lucknow Counsel for Applicant :- Aditya Kumar Bajpai,Ajeet Kumar Singh,Gyanendra Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant, Sri Alok Singh, learned Additional Government Advocate for the State and Ms. Chandrika Rani Upadhyay,
learned counsel, who has filed Vakalatnama on behalf of the informant. The same is taken on record.
2. As per learned counsel for the applicant, the present applicant (Ved Prakash) is languishing in jail since 27.02.2023 in Case Crime No.65 of 2023, under Sections 323, 504, 506, 452, 325 & 304 I.P.C., Police Station-Manjhila, District-Hardoi.
3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the present case as he has not committed any offence as alleged in the prosecution story.
4. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the allegations of assault and beating have been attributed against the four accused persons. The co-accused persons,namely, Satya Pal and Sushil Kumar have been granted bail by this Court vide
order dated 23.05.2025 passed in Criminal Misc. Bail Application No.12682 of 2024; Satya Pal and another vs. State. Therefore, learned counsel for the applicant has pressed parity by submitting that on the basis of principles of parity the present applicant may also be released on bail.
5. Learned counsel for the applicant has further submitted that even in the bail order dated 23.05.2025 (supra), the facts and circumstances have been considered in detail and those
submissions are squarely applicable in the present case. The present applicant is having no previous criminal history of any kind whatsoever. The charge-sheet has been filed in this case. There is no apprehension of absconding the present applicant or tampering with the evidence if he is released on bail. Learned counsel for the applicant has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings. 6. Learned Additional Government Advocate as well as learned counsel for the informant have, vehemently opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but they could not dispute the aforesaid contentions of learned counsel for the applicant. 7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the co-accused persons, namely, Satya Pal and Sushil Kumar, have been granted bail by this Court vide order dated 23.05.2025 (supra); there is no criminal history against the present applicant; the charge-sheet has been filed and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly and without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Ved Prakash) be released on bail in the aforesaid case crime number 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:- (i) 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.
(ii) 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 IPC/269 of the B.N.S., 2023. (iii) 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./84 of B.N.S.S., 2023 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/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicant shall not leave the country without prior permission of the Court. [Rajesh Singh Chauhan,J.]
Order Date :- 1.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench