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2025 DAILYLAW 150555 (ALL)

RISHU SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/6364/2025 · 2025-07-16

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40613 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6364 of 2025 Applicant :- Rishu Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. A supplementary affidavit filed by learned counsel for the applicant is taken on record. Learned counsel for the accused-applicant, while pressing the present bail application, submits that the accused-applicant has been falsely implicated not only in the present case but also in the sole case mentioned in the gang chart, in which he has already been granted bail. A copy of the bail order is annexed as Annexure No. 3 to the bail application. Apart from the said case, one more case is pending against the accused-applicant, which has been explained in the supplementary affidavit. It is further submitted that co-accused Vipin Singh and Aman Singh have been granted bail by this Court vide orders dated 04.07.2025 and 07.07.2025, passed in Criminal Misc. Bail Application Nos. 6092 of 2025 and 6258 of 2025, respectively. The applicant seeks parity with the said co-accused. It has been further submitted that applicant is in jail since 21.09.2024 and if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co- operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. Considering the bail orders of the co-accused, the fact that the applicant has already been granted bail in the sole case mentioned in the gang chart, and the other pending case has been explained in the supplementary affidavit, and also keeping in view that the applicant is in custody since 21.09.2024, without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant, Rishu Singh involved in Case Crime No. 60/2025, under Sections 2/3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - Motigarpur, District - Sultanpur be released on bail 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 which are being imposed in the interest of justice:- (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 submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail. (vi) 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 (Now 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 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 IPC (now Section 209 of BNS). Order Date :- 16.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench