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2025 DAILYLAW 175587 (ALL)

MANOJ v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

/12269/2025 · 2025-12-08

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12269 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. The present bail application has been filed by the accused- applicant seeking bail in Case Crime No. 01 of 2025, under Sections 191(2), 191(3), 190, 109(1), 117(2), 351(3), 127(2), 352 of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station Naseerabad, District Raebareli. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He also submits that the applicant has criminal history of seven cases which he has explained in paragraph 2 of the Supplementary Affidavit. He is languishing in jail since 4.11.2024. He further submits that 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 counsel for the applicant further submits that the co- accused persons namely Nitin @ Danna, Umesh and Niraj @ Chirayi @ Bablu, having identical role, has already been granted bail by this Court vide orders dated 01.05.2025, 03.03.2025 and 11.04.2025 passed in Criminal Misc. Bail Applications No. 3678 of 2025, 1603 of 2025 and 3081 of 2025. The bail orders are on Versus Counsel for Applicant(s) : Uma Kant Gupta Counsel for Opposite Party(s) : G.A. Manoj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) record collectively as Annexure-4 to the bail application. The applicant seeks parity with the bail orders of the said co-accused persons. Learned A.G.A. has opposed the prayer of the applicant for grant of bail, but he conceded the fact that co-accused persons have already been granted bail by this coordinate Bench of this Court. Considering the rival submissions of learned counsel for the parties, the material available on record, the contents of the F.I.R., other relevant documents, the bail orders of the co-accused persons named above, the ground of parity, as well as the totality of the facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail. Let applicant Manoj be released on bail in aforesaid Case Crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 BAIL No. 12269 of 2025 2 against him under Section 229-A IPC/269 BNS. (v) 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./84 B.N.S.S., may be issued and if 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/209 BNS. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. With above directions, the bail application is allowed. December 8, 2025 Madhu D.R/P.S BAIL No. 12269 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench