SATISH AMBEDKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6255/2025 · 2025-07-07
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148870 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148870 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38245 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6255 of 2025 Applicant :- Satish Ambedkar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sarjoo Ram,Aklavya,Chandan Prasad,Mamta Rawat,Prashant Shekhar Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Sarjoo Ram, learned counsel for the applicant and learned AGA for the State. The present applicant is in jail since 20.05.2025, in case crime no. 102 of 2025, under Sections 69, 351(3), 352 of BNS at Police Station Ashiyana District Lucknow.
Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the First Information Report, wherein the present applicant has been made sole accused. In the impugned FIR, the date of incident has been indicated as 15.02.2025 but the impugned FIR has been lodged on 28.03.2025 without explaining the aforesaid delay, i.e., about 43 days even as per the allegation of the First Information Report, the present applicant has allegedly established physical relation with the prosecutrix seven years ago on the pretext of false promise of marriage. Though the present applicant was already a married person, so a married person could have not made any promise of marriage having intention to establish physical relation. As a matter of fact, the present applicant has extended the help to the prosecutrix in getting her admitted in GNM course (Nursing Course). The present applicant is a Chairman of one SS Group. He was implicated in one more false and misconceived case, but in that case final report has been filed. However, learned counsel is not aware about the status of that crime case. Such criminal case has been explained in paragraph 16 of the bail application. The chargesheet has been filed. The
learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the
applicant may be enlarged on bail. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. Without entering into merits of the issue, considering the
arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 20.05.2025; there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Satish Ambedkar, 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 of the Indian Penal Code. (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. is issued and the applicants fail 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. (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. 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. (v) Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason.
Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial properly.
Order Date :- 7.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench