ANMOL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/9151/2025 · 2025-09-23
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165570 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165570 (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. - 9151 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.250 of 2025 under Section 105 BNS, Police Station Mill Area, District Raebareli. In the prosecution case it is alleged that on 18.06.2025 at about 5:00 p.m., the complainant's uncle was looking after the chickens in the poultry farm situated near his field. At that time, 3-4 unknown garbage pickers arrived at the spot and attempted to steal the chickens. When the complainant's uncle objected, the said persons started assaulting him. During the assault, one of them repeatedly attacked the complainant's uncle on the head with a sharp-edged weapon, as a result of which he collapsed on the ground.
Learned counsel for the applicant submits that the alleged eyewitness Bhuggilal has assigned only a general role to the four accused persons, stating that they were beating the deceased with danda. Another eyewitness, Sunita, has named all four persons but has attributed the specific role of causing injuries by danda to co-accused Amit and not to the present applicant. Whereas, the FIR mentions that an assault was made on the deceased with a sharp-edged weapon. It is further submitted that the deceased sustained three ante-mortem head injuries, but the role of causing those injuries has not been attributed to the applicant, who has only been assigned a general role. The applicant has no previous criminal history and the charge-sheet has already been filed. He further submitted that co-accused Sameera @ Manish vs. State of U.P. and other has already been granted bail by this Court vide order dated Versus Counsel for Applicant(s) : Karan Srivastava, Himanshu Pathak Counsel for Opposite Party(s) : G.A. Anmol .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
10.9.2025 passed in Criminal Misc. Bail Application No.8639 of 2025, therefore he seeks parity with the bail order of the said co-accused. Learned A.G.A. has opposed the bail application but has not been able to dispute the aforesaid factual position. I have considered the submissions advanced by learned counsel for the parties and perused the material on record. On due consideration to the role assigned to the applicant, the facts that the specific role of causing injuries has been attributed to the co-accused; the applicant is in custody since 21.06.2025; he has no criminal antecedents; co accused has already been granted bail by this Court and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Anmol be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 under Section 229-A of the IPC (now Section 269 BNS). (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 BAIL No. 9151 of 2025 2
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 of the IPC (now Section 209 BNS). September 23, 2025 Madhu D.R/P.S BAIL No. 9151 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench