KAMLESH KUMAR @ KAMLESH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/6442/2025 · 2025-07-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150524 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150524 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39741 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6442 of 2025 Applicant :- Kamlesh Kumar @ Kamlesh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Deepak Kumar,Ram Kumar Srivastava Ram Kumar 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 accused-applicant seeks bail in Case Crime No.158 of 2025, under Section 318(4), 319(2), 336(3), 338, 340(2) BNS and Section 12 of Passport Act, 1967, Police Station Sarojini Nagar, District Lucknow. It is alleged in the prosecution case that the applicant Kamlesh Kumar was apprehended from Thailand Court as he was found working in Thailand without Employment VISA. The applicant could not travel to Thailand again on the earlier passport. For this reason, Kamlesh Kumar again got a new passport issued from Passport Office Lucknow on 28/11/2024 on the basis of fake documents.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The offence is triable by a Magistrate. The applicant is in jail since 06.05.2025. He undertakes to cooperate in the trial. Learned A.G.A. has opposed the bail prayer of the applicant and submits that charge-sheet has been filed in this case. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant is in jail since 06.05.2025; the charge-sheet has been filed in the
matter; the applicant has undertaken to cooperate in the trial; he has no previous criminal history; the offence is triable by a Magistrate and without expressing any opinion on the 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 Kamlesh Kumar @ Kamlesh Yadav be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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 229-A of the IPC (now Section 269 BNS). (vi) 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. (now 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 174-A of the IPC (now Section 209 BNS).
Order Date :- 11.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench