ADARSH PANDEY @ SHANSHANK PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/8606/2025 · 2025-09-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163270 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163270 (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. - 8606 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Vidya Bhushan Pandey, the learned counsel for the applicant as well as Sri Satyendra Srivastava, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 278 of 2023, under Sections 115 I.P.C. ( Now Section 55 B.N.S., 2023), registered at Police Station Jaisinghpur, District Sultanpur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 25.08.2023 against four named persons, not including the applicant, stating that on the basis of information received from a mukhbir, the four co-accused persons were arrested and several objectionable/stolen incriminating articles were recovered from them. 4. The applicant is not named in the F.I.R and he has not been named in the initial statements recorded by the Investigating Officer. The applicant has been implicated on the basis of additional custodial statement of co- accused Om Prakash Pandey, who is father of the applicant and who stated that the applicant was also involved with him. 5. 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 23 other criminal cases has been disclosed in para 13 of the affidavit, in which he has been Versus Counsel for Applicant(s) : Vidya Bhushan Pandey Counsel for Opposite Party(s) : G.A. Adarsh Pandey @ Shanshank Pandey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
granted bail. 6. The learned A.G.A. has opposed the bail application and he has submitted that the Investigating Officer has recorded that the co-accused Mohit Mishra, had made a disclosure regarding involvement of the applicant in commission of the offence but this disclosure was not made in the statement under Section 161 Cr.P.C recorded by the Investigating Officer. He further submitted that the allegations have been established during investigation and a charge sheet has been submitted on
22.10.2023. 7. Having considered the aforesaid facts and circumstances 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. 8.
Accordingly, this bail application stands allowed. 9. Let the applicant- Adarsh Pandey @ Shanshank Pandey be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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 11, 2025 Preeti. BAIL No. 8606 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench