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2025 DAILYLAW 148212 (ALL)

DHANANJAY SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO

BAIL/5672/2025 · 2025-07-02

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37121 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5672 of 2025 Applicant :- Dhananjay Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Vishwajeet Singh,Moni Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Dhananjay Singh) is languishing in jail since 28.03.2025 in Case Crime No.0133 of 2025, under Sections 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2), 111, 308(5) B.N.S. Police Station- Gomti Nagar, District-Lucknow. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. At the very outset, learned counsel for the applicant has pressed the ground of pairity saying that one co-accused Mukesh Maurya @ Rangi has been granted bail on 26.06.2025 in Criminal Misc. Bail Application No.5673 of 2025 and the role of the present applicant is identical with the co-accused, who has been granted bail. He has also submitted that one more co-accused Ram Bahadur Singh has already been granted bail as the reference thereof has been given in the bail order of Mukesh Maurya @ Rangi. Learned counsel for the applicant has stated that the investigation is going on and the applicant undertakes that he shall cooperate in the investigation and shall not misuse the liberty of bail. Learned counsel has also stated that the present applicant is having criminal history of twelve (12) cases, which has been explained in the bail application and supplementary affidavit. Out of 12 cases, final report has been filed in 3 cases, in 5 cases, he has been granted bail and in 3 cases no remand has been sought. 4. Learned Additional Government Advocate has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant. 5. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the co-accused Mukesh Maurya @ Rangi has been granted bail on 26.06.2025 in Criminal Misc. Bail Application No.5673 of 2025; the role of the present applicant is identical with the co-accused, one more co-accused Ram Bahadur Singh has also been granted bail 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 he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 6. Accordingly, the instant bail application is allowed. 7. Let the applicant (Dhananjay Singh) 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 appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 applicants shall not leave the country without prior permission of the Court. Order Date :- 2.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench