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2025 DAILYLAW 161026 (ALL)

SANTOSH @ RAHUL KASHYAP v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8152/2025 · 2025-08-29

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8152 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Sunil Kumar, learned counsel for the applicant, Smt. Kamlesh Kumari, learned Additional Government Advocate for the State and perused the records. Supplementary affidavit filed today in court on behalf of the applicant is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 108 of 2025, under Sections 305(a), 331(4) B.N.S., registered at Police Station Indira Nagar, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.05.2025 by a Sub Inspector of Police against two named accused persons stating that the accused persons were apprehended on the basis of suspicion. Several articles were recovered from the co-accused Farzan and he admitted that those were stolen articles. Rs.3480/- and ten silver coins were recovered from the applicant. 4. 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 four other criminal cases has been disclosed in the affidavit filed in support of the bail application. It has also been submitted on behalf of the applicant that the other named co-accused person Farzan has already been granted bail by a coordinate Bench of this court by means of an order dated 28.07.2025, passed in Criminal Misc. Bail Application No.6884 of 2025. Versus Counsel for Applicant(s) : Sunil Kumar Counsel for Opposite Party(s) : G.A. Santosh @ Rahul Kashyap .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and she has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 18.06.2025. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the co-accused has already been enlarged on bail by this court whereas the applicant is languishing in jail since 30.05.2025 and the investigation already stands concluded 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 on the ground of parity. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Santosh @ Rahul Kashyap 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. 8152 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench