NEERAJ PASI v. STATE OF U.P. THRU. PRIN. SECY. (HOME) GOVT. OF U.P. LKO.
BAIL/9741/2025 · 2025-10-10
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168707 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168707 (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. - 9741 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 494 of 2025, under Sections- 309(6), 317(2), 61(2)(a) B.N.S., Police Station-Kotwali Dhaurahara, District-Lakhimpur Kheri. 3. While pressing the instant application, learned counsel for the applicant stated that the applicant is innocent and he has falsely been implicated in the present case. 4. It is further stated that the applicant was not named in the FIR and his name surfaced during investigation in the confessional statement of co- accused namely Sonu, Mustakeem and Samshuddin and thereafter he was apprehended and sent to jail and he is languishing in jail since 28.07.2025, though, he has not committed any crime and he has falsely been implicated in the instant case just to show good work and win laurels of Higher Officers. 5. It is further stated that co-accused persons namely Amit Kumar Trivedi, Amit Singh and Deepak Kumar Tiwari have already been released on bail by this Court vide orders dated 03.09.2025, 03.09.2025 and 03.09.2025 passed in Criminal Misc. Bail Application No. 8251 of 2025, 8389 of 2025 and 8237 of 20205, as such, the applicant is also entitled to be released on bail and the instant application is liable to be allowed. In case of being enlarged on bail, the applicant will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. 6. Learned A.G.A. opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel including that co-accused have already been released on bail by this Court. Versus Counsel for Applicant(s) : Lalla Ji Maurya Counsel for Opposite Party(s) : G.A. Neeraj Pasi .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. .....Opposite Party(s)
7.
Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also taking note of the fact that co-accused have already been released on bail by this Court and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 8. Let the applicant- Neeraj Pasi be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.
9. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 10.
As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. October 10, 2025 Arun/- BAIL No. 9741 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench