JAGANNATH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.
BAIL/5984/2025 · 2025-07-02
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148806 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148806 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37339 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5984 of 2025 Applicant :- Jagannath Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Shivendra S Singh Rathore,Bhavesh Chandel,Sachin Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Sri Diwakar Shukla on behalf of complainant is taken on record. Heard learned counsel for the applicant, learned counsel for the complainant 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.32 of 2025, under Sections 336(3), 338, 340(2) of the BNS, P.S. Dileeppur, District Pratapgarh. In the prosecution case it is alleged that forgery and fraud regarding gata No.909 has been committed. It is further alleged that applicant along with co-accused persons have manipulated revenue records by forging the order of the consolidation officer and consequently mutated the said gata number in his favour and later on executed a registered sale deed.
Learned counsel for the applicant submits that co-accused Ashok Kumar Shukla, who was purchaser, has been granted bail by the Co-ordinate Bench of this Court in Bail No.5270 of 2025 vide order dated 19.06.2025. While granting bail pending civil disputes before the Consolidation Officer and Sub-
Divisional Magistrate have been taken into consideration. Applicant submits that applicant is 65 years old senior citizen and has no criminal history. In the case of another co-accused Chhotelal, the Co-ordinate Bench of this court has granted interim protection to the co-accused in Writ Petition No.4976 of 2025 vide its order dated 06.01.2025. Learned counsel for the applicant undertakes that applicant will cooperate in the investigation. He submits that the applicant is in jail since
08.05.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 08.05.2025, undertaking given by learned counsel for the applicant, bail order of co-accused Ashok Kumar Shukla (supra), age of applicant and 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. Let the applicant Jagannath 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 269 of BNS. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS 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 209 BNS.
Order Date :- 2.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench