RITIK AWASTHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6716/2025 · 2025-07-22
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152265 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152265 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41916 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6716 of 2025 Applicant :- Ritik Awasthi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Mishra,Divya Dwivedi,Piyush Tripathi,Sharad Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that an LDA plot belonging to the complainant's wife was fraudulently sold by forging documents, in collusion with LDA employees and other co- accused persons, by impersonating Kailasha Devi to Indra Pratap Singh. Subsequently, this group again sold the said plot in the year 2024 and usurped the entire sale proceeds.
Learned counsel for the applicant submits that co-accused Achaleshwar Gupta @ Bablu Gupta, who was also assigned the role of preparing forged documents, has been granted bail by a coordinate Bench of this Court vide order dated 27.06.2025, passed in Criminal Misc. Bail Application No. 5767 of 2025. Another co-accused, Ram Bahadur Singh, was also granted bail by order dated 24.06.2025 in Criminal Misc. Bail Application No. 5472 of 2024. The applicant has been assigned the role of preparing forged documents. He is seeking parity with the bail granted to the co-accused Achaleshwar Gupta @ Bablu Gupta and also with the co-accused persons namely, Mukesh Maurya @ Rangi, Sushil Kumar Mishra and Ram Bahadur Singh. It is further submitted that the applicant has explained the criminal history in para no.34 of the bail application and he is
languishing in jail since 28.10.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. He further seeks parity with the bail order of co-accused Rahul Singh who has been granted bail by this Court vide order dated 08.07.2025 passed in Criminal Misc. Bail Application No.6316 of 2025. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the role assigned to the applicant, bail orders of the co-accused so also the fact that the offences are triable by Magistrate; the applicant is languishing in jail since 28.10.2024, bail order of co-accused Rahul Singh (supra) 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-Ritik Awasthi involved in Case Crime No.15 of 2025, under sections 419, 420, 467, 468, 471, 504, 506 and 120B of IPC, P.S.- Gomti Nagar, District- Lucknow, 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 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 in accordance with law. (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./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 Penal Code/209 of BNS.
Order Date :- 22.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench