PRAVEEN KUMAR SINGH @ RAHUL SINGH v. STATE OF U.P. THRU. SECY. HOME LKO.
BAIL/8274/2025 · 2025-09-04
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160993 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160993 (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. - 8274 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri S.C. Srivastava, the learned counsel for the applicant as well as Smt. Shikha Sinha, the learned A.G.A.-I for the State and Sri Deepal Kumar Pandey, Advocate who has filed his Vakalatnama on behalf of the complainant,which is taken on recrod. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 97 of 2025, under Sections 3(5), 109, 352, 351(2), 351(3), 61(2) B.N.S, registered at Police Station Kurwar, District Sultanpur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 02.04.2025 against three named persons and two unknown persons, stating that the accused persons came to the informant's brick-kiln and started hurling abuses. When a labour at the brick-kiln resisted, the accused persons fired a shot at him, which hit him in his leg. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in eight other criminal cases has been disclosed in para 21 of the affidavit, in all of which he has been released on bail. Versus Counsel for Applicant(s) : Suresh Chandra Srivastava Counsel for Opposite Party(s) : G.A. Praveen Kumar Singh @ Rahul Singh .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s)
5. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in another case, in which a charge-sheet has not been submitted till date. 6. The learned counsel for the applicant has submitted that the applicant has been implicated in the present case on the basis of statement of a co-accused Pawan kumar Maurya, who is also not named in the F.I.R and who stated that the applicant was involved in the conspiracy for committing the offence. He further submitted that one of the co-accused Mitrasen Maurya, has been granted bail by means of an order dated 27.08.2025 passed by this Court in Criminal Misc. Bail Application No. 8064 of 2025. 7. The learned A.G.A.-I has opposed the bail application and she has submitted that the investigation in the matter is still going on. 8.
The learned counsel for the complainant has also opposed the bail application and he has submitted that the applicant was involved in hatching conspiracy for a heinous offence and he should not be granted bail for the offence. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R; he has been implicated on the basis of custodial confessional statement of a co-accused person, who is also not named in the F.I.R which was lodged against three named persons; the only allegation in the custodial statement is regarding involvement of the applicant in conspiracy for commission of offences and that the applicant is languishing in jail since 28.07.2025 whereas a co-accused has already been granted bail, I am of the view that the applicant is also entitled to be enlarged on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant -Praveen Kumar Singh @ Rahul Singh be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of BAIL No. 8274 of 2025 2
Magistrate/Court concerned, subject to the 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. September 4, 2025 Preeti. BAIL No. 8274 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench