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2025 DAILYLAW 151510 (ALL)

PRADEEP KUMAR @ ANUJ v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/6541/2025 · 2025-08-07

Rajeev Singh

body2025

Judgment text

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Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6541 of 2025 Applicant :- Pradeep Kumar @ Anuj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The present second bail application has been filed on behalf of the applicant involved in Case Crime No.307 of 2021, under Sections 323, 504, 506, 304 I.P.C., Police Station - Achalganj, District - Unnao, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submits that the marriage of sister of the informant was solemnized with the applicant and he was enjoying his matrimonial life. She further submits that wife of the applicant slipped in the house and received injuries, thereafter, she was immediately brought to the hospital but she could not be saved. She also submits that information was given to the family members about the incident but due to annoyance, F.I.R. of the case in question was lodged. Learned counsel for the applicant submits that first bail application of the applicant was rejected vide order dated 2.4.2024 passed in Criminal Misc. Bail Application No.10220 of 2022 with the direction to the trial court to conclude the trial expeditiously without giving any adjournment to either of the parties but till today, only four witnesses have been examined. She also submits that applicant is in jail since 18.10.2021, he does not have any criminal antecedent and there is no possibility of conclusion of trial in the near future. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the prayer for grant of bail and submits that the applicant is the husband of the deceased and due to victimization, she received injuries, therefore, the applicant is not entitled for bail. 5. Considering the rival submissions of learned counsel for the applicant, learned A.G.A., material available on record, contents of F.I.R., letter dated 5.8.2025 received from the Trial Judge, it is evident that applicant is in jail since 18.10.2021 and till today, only four witnesses have been examined. In such circumstances, this Court is of the view that the applicant is entitled to be released on bail. 6. Let applicant - Pradeep Kumar @ Anuj - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 IPC/269 BNSS. (v) 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./84 BNSS, may be issued and if 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/209 BNSS. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Trial court is directed to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties. Order Date :- 7.8.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench