HARI PRASAD SAROJ @ HARI PRAKASH SAROJ @ MAKHANCHU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/10488/2025 · 2025-11-06
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174682 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174682 (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. - 10488 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 11.07.2025, at about 10 A.M, the husband of the informant went missing. A call from mobile no. 7600805595 was received by the son of the informant and he was informed that his father had been kidnapped and Rs. 5 lakhs were demanded as ransom. Learned counsel for the applicant submits that the co-accused Ram Prakash Harijan @ Prakash who was assigned the similar role has been enlarged on bail by this Court vide order dated 13.10.2025 passed in criminal misc. bail application No. 9548 of 2025. Learned counsel for the applicant seeks parity with the order of the co-accused. It is further submitted that the applicant is languishing in jail since 12.07.2025 without having any criminal antecedent. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application, however, could not dispute the fact that it is a case of parity. On due consideration to the fact that co-accused Ram Prakash Harijan @ Versus Counsel for Applicant(s) : Anamika Singh Counsel for Opposite Party(s) : G.A. Hari Prasad Saroj @ Hari Prakash Saroj @ Makhanchu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
Prakas who was assigned the similar role has been enlarged on bail, coupled with the fact that the applicant is languishing in jail since 12.07.2025 without having any criminal antecedent, 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 on the ground of parity.
Let the applicant involved in Case Crime No. 163 of 2025, under Sections 140(1), 352, 351(2) (3), 127(2), 3(5) B.N.S, Police Station- Kandhai, District- Pratapgarh 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 in accordance with law. (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 IPC BAIL No. 10488 of 2025 2
(now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial.
November 6, 2025 R.C.
BAIL No. 10488 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench