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2025 DAILYLAW 166859 (ALL)

PARMESHWAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/9228/2025 · 2025-09-25

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9228 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Manoj Kumar Singh, the learned counsel for the applicant as well as Sri Mohd. Ashif Khan, the learned A.G.A.-I 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. 257/2024, under Sections 115(32), 352, 140(1), 190, 191(2) BNS, Police Station Talgaon, District Sitapur. 3. The aforesaid case has been registered on the basis of an FIR lodged on 09.07.2024 against four persons, including the applicant, his two sons and another person (thenephew of the applicant), stating that the informant's sister Raj Rani was married to Ram Bharosey. After the death of Raj Rani about a year ago, Ram Bharosey started living with another sister of the informant. On 09.07.2024, the complainant had gone to Aryavrat Bank for depositing some amount of loan along with Ram Bharosey, Chiranju and Tribhawan. When Ram Bharosey came out of the bank at about 01:00 p.m. and was sitting in a vehicle, all the accused persons came there, they abused and beat up Ram Bharosey and the other persons and forcibly took Ram Bharosey with them. 4. In the affidavit filed in support of the application, it has been stated that the applicant is a 60 years old innocent person having no criminal history and he has been falsely implicated in the present case. 5. All the other three named accused persons, namely, Ankit @ Maan Singh, Lalu Yadav and Neeraj @ Neeraj Kumar have already been granted bail in Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Parmeshwar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) the present case by means of the orders dated 05.06.2025, 18.07.2025 & 12.08.2025 passed by coordinate Bench of this Court in Criminal Misc. Bail Application Nos. 5068 of 2025, 3681 of 2025 and 11927 of 2024 respectively. 6. Learned AGA-I has opposed the bail application and he has submitted that the applicant is the main accused and, therefore, he is not entitled to be granted bail on the ground of parity. 7. He has further submitted that as per the instructions provided to him, the applicant is involved in two other criminal cases- (i) Case Crime No. 138/2023, under Sections 115(2), 140(1), 190, 191(2) and 352 of BNS and (ii) Case Crime No. 341/2023, under Sections 302 IPC, Police Station Talgaon, District Sitapur. 8. The learned counsel for the applicant has submitted that the aforesaid criminal history has been shown apparently incorrectly as in the year 2023 BNS had not come into existence and at that point of time IPC was in force and, therefore, case crime no. 138/2023 has been wrongly shown. Regarding the case under Section 302 IPC bearing Case Crime No. 341/2023, the learned counsel for the applicant has submitted that in that case the name of the accused is Ram Bharosey and it is not related to the applicant and in any case, a closure report has been submitted in that case. 9. So far as the submission of learned AGA-I that the applicant is the main accused in the present case, the learned counsel for the applicant has submitted that the FIR as well as all the statements recorded by the Investigating Officer contains similar allegations against all the accused persons who are family members of the applicant. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that similar allegations have been levelled against four accused persons, the remaining three of whom have already been granted bail, I am of the view that the applicant is also entitled to be released on bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Parmeshwar 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 the following BAIL No. 9228 of 2025 2 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 25, 2025 Pradeep/- BAIL No. 9228 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench