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2025 DAILYLAW 153202 (ALL)

PUNEET KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/6770/2025 · 2025-08-25

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6770 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. Counter affidavit filed by learned A.G.A. for the State is taken on record. Learned counsel for the applicant submits that general allegation of assault and beating has been levelled against the applicant and rest of the co-accused persons belonging to one family. No specific role has been assigned to the applicant. There is no recovery from the applicant. The co-accused persons namely Dharmendra Kumar, Ajeet Kumar and Prabhu Dayal on whom similar allegation were levelled and recovery was also made has been granted bail by this court vide order dated 11.8.2025, 19.8.2025 and 22.08.2025 passed in Bail No.7433 of 2025, bail No.6596 of 2025 and 7686 of 2025. The applicant seeks parity. The applicant has no previous criminal history. The applicant is in jail since 8.2.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 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. Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the co-accused persons Dharmendra Kumar, Ajeet Kumar and Prabhu Dayal have been granted bail, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Let the applicant Puneet Kumar, involved in F.I.R. No.23 of 2025 under sections 191(2), 191(3), 190, 115(2), 352, 351(3), 333, 103(1) BNS, P.S. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Puneet Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Katra Bazar, District Gonda, 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 under Section 229-A I.P.C. (now 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 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 I.P.C. (now 209 BNS). The application is allowed accordingly, on parity ground. August 25, 2025 Arvind BAIL No. 6770 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench