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2025 DAILYLAW 149475 (ALL)

DINESH KUMAR PASI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO

BAIL/6154/2025 · 2025-07-08

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38628 Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6154 of 2025 Applicant :- Dinesh Kumar Pasi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Ram Kinkar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Ram Kinkar Upadhyay, learned counsel for the applicant as well as learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 93 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2) and 111 of B.N.S., registered at Police Station Mohanganj, District Amethi. 3. The brief facts of the case are that an F.I.R has been on 07.04.2025 against three named persons, namely Arun Kumar Mishra, Lavkush R Gautam and Anil, alleging therein that the co-accused Arun Kumar Mishra got a forged sale deed in respect of the informant's land executed in his favour and Lavkush R Gautam and other co-accused person namely Anil had witnessed the sale deed. 4. Learned counsel for the applicant has submitted that the applicant is not named in the F.I.R and his name has been cropped up for the first time in the statement of the co- accused Dileep Kumar Singh, otherwise, no other material has been found against the applicant during the investigation made by the police. 5. It is further submitted that the named accused person Lavkush R Gautam had approached this Court by filing Criminal Misc. Bail Application no. 4809 of 2025, wherein this court vide order 29.05.2025 had granted bail, the copy of the bail order has been annexed as Annexure No. 5 to the paper book. 6. It is further submitted that co-accused Dileep Kumar Singh has also been granted bail by this court and the copy of the bail order has been enclosed as Annexure no. S.A-1 to the supplementary affidavit filed today, which is taken on record. 7. It is further submitted that the applicant is innocent, he has been falsely implicated in the present case and he has no previous criminal history. 8. The learned A.G.A for the State has opposed the prayer for bail and he has submitted that the investigation is still pending. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the name of the accused/applicant has been cropped up in the statement of the co-accused Dileep Kumar Singh and except for that, no other material has been found against the applicant/accused coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 10.04.2025 and without entering into the merits of the case, it is found that the applicant is entitled to be released on bail. 10. Accordingly, this bail application is allowed. 11. Let the applicant- Dinesh Kumar Pasi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. Order Date :- 8.7.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench