NANKAU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/6390/2025 · 2025-07-10
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150497 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150497 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39287 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6390 of 2025 Applicant :- Nankau Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Rajesh Kumar,Suhail Kashif Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant 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.302 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Haidergarh, District Barabanki. In the prosecution case it is alleged that the informant was cheated by way of impersonation which is said to have been done by the co-accused persons with the aid of the applicant.
Learned counsel for applicant submits that applicant has explained the criminal history of one case in the supplementary affidavit. Applicant is innocent and has falsely been implicated in this case. He submits that co-accused Anil Kumar Singh has been granted bail by the Co-ordinate Bench of this Court vide
order dated 31.10.2022 passed in Criminal Misc. Bail Application No.11895 of 2022. Applicant claims parity. He submits that the applicant is in jail since 09.05.2022. 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 09.05.2022, the role assigned to the applicant, bail order of the co-accused Anil Kumar Singh (supra), offences are
triable by magistrate 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 Nankau 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 :- 10.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench