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2025 DAILYLAW 175643 (ALL)

SATYANJAY GAUR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/11184/2025 · 2025-11-15

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11184 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. Allegation in the prosecution case is that the co-accused, while conspiring together, opened a bank account in the name of co-accused Dhananjay Kumar and linked the applicant’s mobile number to it. It is further alleged that an amount of Rs. 95,000/- was deposited into this account by the complainant on the pretext of facilitating his travel abroad. Additionally, a forged Israel visa and a forged air ticket dated 20.08.2025 were allegedly prepared and handed over to the complainant, and the Arabian Enterprises branch was subsequently closed. Submission of learned counsel for the applicant is that he has been falsely implicated. It is asserted that the offences are triable by a Magistrate, the bank account is not in the applicant’s name, and the applicant’s mobile number is not linked to the said account. It is further submitted that no investigation has been conducted regarding this aspect and the investigation is still ongoing. It is further submitted that 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, contending that the Versus Counsel for Applicant(s) : Anand Prakash Pandey, Dr.Surya Prakash Mishra Counsel for Opposite Party(s) : G.A. .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) Satyanjay Gaur applicant’s involvement is apparent. Considering that the offences are triable by a Magistrate and the applicant is in custody since 13.09.2025 without any criminal antecedents, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Satyanjay Gaur involved in CASE CRIME NO.: 0184/2025, U/S: 316(1), 319(2), 318(4), 338, 336(3), 340(2), 61(2A) B.N.S., P. S.- RAJESULTANPUR, DISTRICT-AMBEDKAR NAGAR, 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 BAIL No. 11184 of 2025 2 proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 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. November 15, 2025 R.C. BAIL No. 11184 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench