PAWAN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/7453/2025 · 2025-08-11
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157232 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157232 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46874 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7453 of 2025 Applicant :- Pawan Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Hemant Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0205 of 2025, under Sections 3(5), 140(2) B.N.S., registered at Police Station Tanda, District Ambedkar Nagar. It is submitted that vide order dated 08.08.2025, this Court allowed the CRIMINAL MISC. BAIL APPLICATION No. 7379 of 2025 filed by co- accused Dhirendra alias Mantu Mangal and enlarged the co-accused on bail. The relevant portion of the order dated 08.08.2025 reads as under:
"2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0205 of 2025, under Sections 3(5), 140(2) B.N.S., registered at Police Station Tanda, District Ambedkar
Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.07.2025 against the applicant and four another persons stating that all the accused persons had forcibly made the informant sit in a car at about 10.00 p.m. on 27.06.2025. They kept him hostage till the informant got an opportunity to escaped and went to the police station to lodge the F.I.R. at about 01.03 Hrs. on 02.07.2025. The informant alleged that the accused persons repetitively beaten and assaulted him and demanded Rs.1,00,000/- as ransom and they threatened
to
kill
him. 4. A copy of the medico legal examination report of the informant has been annexed with the supplementary affidavit which mentions no visible injury and only complaint of pain on left side of face, back and left arm has been noted. During investigation the Investigating Officer exonerated the applicant for commission of offence under Section 109 BNS and the investigation for the offences under Sections 3(5), 140(2) B.N.S.
is
going
on. 5. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case.
The applicant's involvement in another criminal case has been disclosed in para 9 of the supplementary affidavit in which he stands acquitted by means of a judgment and order dated
03.03.2009. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that
the investigation of the case is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. alleges that the accused persons had abducted the informant at about 10.00 pm. on 27.06.2025, they kept him bondage in a car and kept on repetitively assaulting and threatening him till he escaped and directly went to the police station on 02.07.2025 and the medico legal examination report does not mention any visible injury suffered by the informant coupled with the fact that the applicant is languishing in jail since 03.07.2025 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid
crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Dhirendra Kumar @ Mantu Mangal be released on bail in the aforesaid case........" Taking note of the aforesaid as also the fact of the present case, this Court finds that the case of the applicant is similar to the case of the co-accused Dhirendra alias Mantu Mangal as also the fact that the applicant has no criminal history and he has been languishing in jail since 03.07.2025 accordingly, I am of the view that the applicant is entitled to be released on bail. Let applicant- Pawan Kumar, be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith.
Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail. (2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court. (3) Applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. (4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. (5) The computer generated copy of such order shall be self attested by the counsel of the party concerned. (6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. Order Date :- 11.8.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench