VINEET v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6190/2025 · 2025-07-03
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149124 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149124 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37556 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6190 of 2025 Applicant :- Vineet Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jaikaran Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Jaikaran, learned counsel for the applicant and the learned AGA for the State. The present applicant is in jail since 28.04.2025, in case crime no. 161 of 2025, under Sections 64(1), 127(2) of BNS at Police Station Banchhrawan District Raebareli.
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 Annexure No. 1, which is a bail order granted in favour of the present applicant by this court, vide order dated 10.06.2025 in Criminal Misc. Bail Application No. 5154 of 2025, in same crime case. However, two Sections, i.e., 64(1) and 127(2) of BNS have been added, therefore, the present applicant could not be released from jail.
Learned counsel has stated that all relevant facts and circumstances have already been considered by this Court while granting bail to the present applicant in the same crime case, therefore, he may be granted bail in the aforesaid added sections. 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 has opposed the prayer for bail but could not dispute the contention of the learned counsel for the applicant. Considering the aforesaid facts and circumstances of the case, perusing the material available on record, arguments advanced by the learned counsel for the parties and without expressing any opinion on merits of the case, I find it a fit case for bail. The bail application is allowed. Let the applicant- Vineet, 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 :- 3.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench