AMIT PATEL @ RAJABABU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/11518/2025 · 2025-12-01
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[ 2025 DAILYLAW 174574 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174574 (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. - 11518 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record. 2. The present bail application has been filed by the applicant seeking bail in Case Crime No. 140 of 2025, under Sections 140(1), 103(1), 238A, 61(2)A B.N.S., Police Station Behta Mujawar, District Unnao. 3. While pressing the application for bail, learned Counsel for the applicant submitted that applicant has been falsely implicated in the present case. 4. It is stated that co-accused namely Mohit and Abhishek Kumar have already been enlarged on bail by this Court vide order dated 25.08.2025 and 06.11.2025 passed in Criminal Misc. Bail Application No7927 of 2025 and Criminal Misc. Bail Application No.10110 of 2025. The relevant portion of the order dated 06.11.2025 passed in Criminal Misc. Bail Application No.10110 of 2025 reads as under:-
"1. Heard learned counsel for the applicant, learned AGA for the State; Shri Neeraj Singh, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.140 of 2025, under Section 140(1), 103(1), 238(A), 61(2)(a) BNS, P.S. Behta Mujawar, District Unnao. 3. Learned counsel for the applicant argues that co-accused with the Versus Counsel for Applicant(s) : Roshan Kumar, Sudhir Kumar Misra Counsel for Opposite Party(s) : G.A. Amit Patel @ Rajababu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
same allegation was enlarged on bail vide order dated 25.08.2025. The applicant has no criminal antecedents. 4. Learned AGA has opposed the bail application. 5. Considering the nature of the allegations against the applicant being similar to the co-accused who has been granted bail, the applicant is entitled to be enlarged on bail on the ground of parity. In view thereof, the application is allowed. 6.
Let the applicant Abhishek Kumar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of 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."
5. It is further stated that the applicant, having no criminal history, is in judicial custody since 18.09.2025. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail and the possibility of conclusion of trial in near future is extremely bleak. In these circumstances, the applicant is entitled to be released on bail. 6. Learned A.G.A. opposed the prayer for grant of bail but he could not dispute the above contentions made by the learned counsel for the accused-applicant. 7. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties including which are related to allegations made in the FIR and keeping in mind the period of incarceration as also that co-accused persons has already been released on bail by this Court as also chance of conclusion of trial in near future and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. 8.
8. Let the applicant-Amit Patel @ Rajababu be released on bail in BAIL No. 11518 of 2025 2
aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties, out of which one shall be the family member of the accused-applicant each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall cooperate with the prosecution during trial. (ii) The applicant shall not tamper with the evidence during trial. (iii) The applicant shall not pressurize/intimidate the prosecution witness(s). (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 shall 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 observation(s) 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(s) made in this order. 11. Application is disposed of. December 1, 2025 Arti/- BAIL No. 11518 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench