SUNIL KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO
BAIL/13023/2024 · 2025-07-30
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169994 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169994 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44054 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13023 of 2024 Applicant :- Sunil Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko Counsel for Applicant :- R.B.S. Rathaur,Ankit Singh,Dhananjay Singh,Pravin Singh Counsel for Opposite Party :- G.A.,Sandeep Kumar Srivastava Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.272 of 2024, under Sections 191(2), 191(3), 109, 115(2), 352, 117(2), 351(3), 126(2) of BNS, P.S. Deeh, District Raebareli.
Learned counsel for the applicant submits that as per the statement of Vansh Kumar Chaurasia injuries suffered by him on his head is caused by co-accused Neeraj who has been granted bail by this Court vide order dated 04.10.2024 passed in Criminal Misc. Bail Application No.10714 of 2024. It is submitted by learned counsel for the applicant that there is one injury on the head of the injured. It is not clear from the prosecution case that who has caused this injury. The criminal history of one case has been explained in rejoinder affidavit. The charge-sheet has been filed and applicant is languishing in jail since 22.08.2024 however, till date charges have not been framed and trial has not commenced yet.
Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 22.08.2024, applicant has explained the criminal history of one case, trial has not commenced yet and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Sunil Kumar be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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 Indian Panel
Code (now Section 269 of 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 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 Indian Panel Code (now Section 209 BNS).
Order Date :- 30.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench