MUKEESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6414/2025 · 2025-07-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150638 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150638 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39682 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6414 of 2025 Applicant :- Mukeesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Bharat Kumar Dixit 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.83 of 2025, under Sections 8/20 of NDPS Act and Section 3/25 Arms Act, P.S. Gadaganj, District Raebareli.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case. Applicant has no previous criminal history. The recovered quantity is below commercial. Applicant is languishing in jail since 11.06.2025. Learned A.G.A. has opposed the bail prayer and has submitted that on pointing out of two accused persons including the applicant total 3.450 kg ganja is alleged to have been recovered along with five live cartridges, one country made pistol and Rs.52,350/-. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 11.06.2025, applicant has no previous criminal history, recovered quantity is below commercial and there is no independent witness of the recovery 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 Mukeesh 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 229-A of the Indian Panel 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 of the Indian Panel Code (now Section 209 BNS).
Order Date :- 11.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench