PARASHURAM JAISWAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.
BAIL/8154/2025 · 2025-08-29
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160959 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160959 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8154 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Lakshman Singh, learned counsel for the applicant, Sri Virendra Kumar, learned Additional Government Advocate for the State and Sri Prabhat Srivastava, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 91 of 2025, under Sections 319(2), 318(4), 336(3), 340(2), 338, 352, 351(3), 3(5), 61(2) B.N.S., registered at Police Station Dhammaur, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.05.2025 against four persons including the applicant stating that the accused persons set up co-accused Lalu by projecting him as Harishchandra Kashyap son of Bhondu, whereas Bhondu had died issue-less. The accused persons got the property recorded on the basis of inheritance. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a 75 years old innocent person and he has been falsely implicated in the present case. The applicant's involvement in another case has been disclosed in para 21 of the affidavit filed in support of the bail application. It has also been submitted on behalf of the applicant that a co-accused Gokul Prasad Dubey has filed Criminal Misc. Writ Petition No.7142 of 2025 and a Division Bench of Versus Counsel for Applicant(s) : Lakshmana Singh, Rahul Singh Counsel for Opposite Party(s) : G.A. Parashuram Jaiswal .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s)
this court has granted stay of his arrest by means of an order dated
08.08.2025. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation is still going on. The learned counsel for the informant has opposed the prayer for bail and he has submitted that the applicant is involved in commission of offence and he is not entitled to be enlarged on bail. 6.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the applicant is named in the F.I.R. there is no allegation of commission of any specific act by him and the property has been recorded in the name of another co-accused person and a co-accused person against who similar allegations have been levelled has been granted stay of arrest by a Division Bench of this court, whereas the applicant is languishing in jail since 31.07.2025 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Parashuram Jaiswal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. August 29, 2025 Ram. BAIL No. 8154 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench