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2025 DAILYLAW 162992 (ALL)

RITESH SINGH v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO.

BAIL/8626/2025 · 2025-09-10

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8626 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that after exclusion of the offence under Section 111(2) BNS during investigation, the remaining offences are punishable with imprisonment up to seven years. It is further submitted that except for the recovery of one mobile phone from the applicant, nothing incriminating has been recovered. The applicant has no criminal antecedents and is languishing in jail since 12.06.2025. Learned counsel for the applicant claims parity with the bail order of co- accused Ritesh, who has been granted bail by this Court vide order dated 22.8.2025 passed in Bail Application No.7754 of 2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA, has opposed the bail application on the ground that substantial recovery has been made from the co-accused persons. On due consideration of the facts that the applicant has no criminal antecedents; after exclusion of Section 111(2) BNS the remaining offences are triable by the Magistrate; there is no independent witness to the alleged recovery; the applicant is in custody since 12.06.2025; co-accused Ritesh Singh has already been granted bail by this Court, I find it to be a fit case for enlarging the applicant on bail. Versus Counsel for Applicant(s) : Ashish Kumar Singh, Mohit Sharma Counsel for Opposite Party(s) : G.A. Ritesh Singh .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) Accordingly, the bail application is allowed on the ground of parity. Let the applicant Ritesh Singh involved in Crime no: 106/2025, U/S:317(2), 318 (4), 111(2) B, 61 (2) OF BNS & 66 D OF IT ACT, Police station: Cyber Crime, District-Lucknow be released on bail 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 which are being imposed in the interest of justice:- (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 in accordance with law. (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 IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 10, 2025 Madhu D.R/P.S BAIL No. 8626 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench