PRAMOD @ PAPPU HARIJAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/6828/2025 · 2025-07-25
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153316 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153316 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42831
Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6828 of 2025 Applicant :- Pramod @ Pappu Harijan and Anil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Mohd. Salman,Ana Fatma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the record.
Learned counsel for the applicants submits that in the gang chart, one case is shown against both the applicants who are real brothers. In the solitary case, the applicants have been enlarged on bail. The bail order is on record. Apart from the said case there is no other case pending against the applicants. The applicants are in jail since 29.5.2024 and 30.5.2024 respectively. The co-accused Anil Kumar has been granted vide order dated 17.7.2025 passed in Bail No.11300 of 2024. The applicants claim parity. It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicants of fleeing away from judicial custody 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 applicants. Considering the facts and circumstances of the case, and also considering the nature of allegations, in the solitary case shown in the gang chart, the applicants have been granted bail, the bail
order of co-accused, noted above, arguments advanced by
learned counsel for the parties, for the period for which they are in jail 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.The application is allowed.
Let the applicants Pramod alias Pappu Harijan and Anil Kumar, involved in case crime No.0333 of 2024 under Sections 2/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Kotwali Dehat, district Pratapgarh, be released on bail on their 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 applicants 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 applicants shall also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case or misuse the liberty of bail. (vi) The applicants 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). (vii) In case the applicanta misuse 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 them, in accordance with law, under Section 174-A I.P.C. (now 209 BNS).
Order Date :- 25.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench