RAJ @ AZAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO
/7309/2025 · 2025-08-06
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155632 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155632 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45684 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7309 of 2025 Applicant :- Raj @ Azad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Rahul Kumar Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard Shri Rahul Kumar Singh, learned counsel for the applicant and learned AGA for the State. The present applicant is in jail since 22.05.2025 in Case Crime no. 167 of 2025, under Sections 191(2), 115(2), 333, 351(2), 352, 324(2), 105, 3(5) of BNS at Police Station Sarojni Nagar, District Lucknow.
Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned First Information Report, wherein, the specific allegation of beating and assault has been attributed to 4 named accused persons and 3 to 4 unknown persons. The present applicant is named in the First Information Report. While recording statement under section 180 BNS, the complainant has not levelled any specific allegation against the present applicant. The present applicant has no prior criminal history.
Learned counsel has further stated that the co-accused Rakesh Rawat has already been enlarged on bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 6668 of 2025 vide order dated 24.07.2025. He seeks parity with the bail order of said co accused. The applicant undertakes that if he is enlarged on bail, he shall abide by all terms and conditions of the bail order, shall not misuse the liberty of bail and shall cooperate in the trial proceedings. Learned AGA for the State has opposed the bail application but could not dispute the submission of the learned counsel for the applicant. Without entering into merits of the case, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 22.05.2025; the applicant seeks parity with the bail order of co-accused Rakesh Rawat who has already been enlarged on bail; undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail and without expressing any opinion on merit of the case, I find it appropriate to release the applicant on bail. Accordingly, the bail application is allowed on the ground of parity. Let applicant- Raj @ Azad be released on bail in the aforesaid case crime number 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:- (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 of the IPC (now Section 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 Section 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 IPC (now Section 209 BNS).
Order Date :- 6.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench