VIDHAYAK @ PUNEE v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME U.P. LKO.
BAIL/13268/2024 · 2025-03-06
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170833 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170833 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14245 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13268 of 2024 Applicant :- Vidhayak @ Punee Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 0115 of 2024 under Sections 310(2), 317 BNS & Section 3/25 of Arms Act, Police Station- Maharajganj Tarai District - Balrampur.
Learned counsel for the applicant submits that name of the applicant has surfaced in the confessional statement of co- accused Avesh who has been enlarged on bail by this Court vide
order dated 03.10.2024 passed in criminal misc. bail application No. 10631 of 2024 and another co-accused Naresh @ Ram Naresh who was assigned similar role has been enlarged on bail by this Court vide order dated 20.1.22024 passed in criminal misc. bail application No. 13152 of 2024. Learned counsel for the applicant seeks parity with the order of the co-accused Naresh @ Ram Naresh. He also submits that the charge sheet has been filed thus, there is no possibility that he would tamper the evidences or would threaten the witnesses coupled with the fact that he has explained the criminal history of the applicant in the bail application and he is languishing jail since 03.10.2024 and the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Learned A.G.A. has opposed the bail application, however, could not dispute the fact it is a case of parity. Upon due consideration to the fact that co-accused Naresh @ Ram Naresh who was assigned the similar role has been enlarged on bail; the criminal history of the applicant has been explained in the bail application, coupled with the fact that the
applicant is languishing in jail since 03.10.2024 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 on the ground of parity. Accordingly, the bail application is allowed. Let the accused/ applicant Vidhayak @ Punee involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (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 Penal Code. (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. 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 Penal Code.
Order Date :- 6.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench