MAYANKAR @ NAANMUN v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO
BAIL/8742/2024 · 2025-12-10
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173673 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173673 (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. - 8742 of 2024 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. The applicant seeks enlargement on bail in FIR No. 83 of 2023, under Sections 147, 148, 149, 302, 120B IPC and Section 7 of Criminal Law (Amendment) Act, Police Station-Kaisarganj, District-Bahraich. In the FIR, it was alleged that the brother of the informant aged about 26 years was standing in front of the home, all the accused, who were 8 in number, came and took him and thereafter killed him with sharp edged weapon. Subsequently, in the statement, the informant alleged that the co- accused Jai Chand and Shanker were also carrying Banka. It is also alleged that the applicant was armed with lathi danda. The postmortem report on record indicates the presence of as many as 13 injuries on the body of the deceased. The cause of death was ascertained as ante mortem injuries. Learned counsel for the applicant submits that applicant has criminal history of one case, in which, he has been granted bail. Copy of the bail order has been produced by the learned counsel for the applicant, which is taken on record. Submission of the learned counsel for the applicant is that there is no other criminal history of the applicant. The co-accused namely Sarvesh Yadv, Shankar @ Ram Shankar, Nem Kumar Yadav and Jogendra @ Jogindar Versus Counsel for Applicant(s) : Faizal Hashmi, Ambrish Kumar, K.K. Singh, Ripu Daman Shahi, Shiv Pal Singh Counsel for Opposite Party(s) : G.A., Ankit Kumar Yadav, Ramakar Shukla, Sumit Chauhan Mayankar @ Naanmun .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko .....Opposite Party(s)
Yadav, have been enlarged on bail by this Court vide order dated 07.11.2025, 18.11.2025, 24.11.2025 and 16.10.2025. Copies of the bail orders have been produced by the learned counsel for the applicant, which are taken on record. Learned A.G.A. vehemently opposed the bail prayer. However, could not dispute the fact that co-accused persons have already been enlarged on bail.
Considering the fact that the FIR discloses the sharp edged weapon, which was not used by the applicant as per the statement of the eyewitness; the co- accused namely Sarvesh Yadv, Shankar @ Ram Shankar, Nem Kumar Yadav and Jogendra @ Jogindar Yadav have been enlarged on bail coupled with the fact that the applicant has explained criminal history of one case in paragraph 5 of the supplementary affidavit and he is languishing in jail since 23.03.2023, I am of the view that the applicant is entitled to be released on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant- Mayankar @ Naanmun be released on bail in the aforesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 10, 2025 Vinay/- BAIL No. 8742 of 2024 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench