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2025 DAILYLAW 155257 (ALL)

MUKESH KUMAR PAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.

BAIL/7087/2025 · 2025-07-31

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44293 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7087 of 2025 Applicant :- Mukesh Kumar Pal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Prashant Kumar Singh,Apoorv Dev Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the applicant along with the co-accused persons has induced the informant to purchase plot in instalments in Sagar City Infratek Private Limited. It is further alleged that fake sale deed has been executed by mentioning incorrect ownership particulars and the money of the informant has been usurped. 3.Learned counsel for the applicant submits that the applicant has been falsely implicated. The applicant is innocent. The applicant has explained criminal history of one case in the bail application. The offence is triable by Magistrate. He has not executed any notary affidavit in favour of the informant. The money, if any, has been received, by Amresh Yadav, co-accused as sale consideration. Nothing has been received by the applicant. Case of the applicant is distinct from that of the co- accused Amrish. The applicant is in jail since 1.7.2025. 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. 4.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. 5.Considering the facts and circumstances of the case, the fact that the applicant has explained criminal history, the offence is triable by Magistrate, prima facie, as per record, no amount has been received by the applicant in his account, role of the applicant is distinct from the role of co-accused Amrish, 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. 6.Let the applicant Mukesh Kumar Pal, involved in Case Crime No.0561 of 2024 under sections 406, 420, 467, 468, 471, 506, 34 I.P.C., P.S. Para, 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 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). 7.The application is allowed accordingly. Order Date :- 31.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench