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2025 DAILYLAW 176282 (ALL)

SHYAM KUMAR DUBEY ALIAS BABA JI ALIAS GURU JI ALIAS SATYENDRA KUMAR PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/2253/2025 · 2025-10-31

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2253 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. The allegation in the prosecution case is that, on the pretext of providing employment as Clerk, Head Clerk, and Peon in B.H.U., Nagar Nigam, and Sampoornanand Sanskrit Vishvavidyalaya, Varanasi, a total sum of Rs. 19,00,000/- was allegedly transferred into the account of the co-accused persons. It is further alleged that, after issuing forged appointment letters, the accused persons absconded. Learned counsel for the applicant submits that no amount has been credited to the applicant’s account and he has been falsely implicated in the present case. It is further submitted that co-accused Premkala, in whose account Rs. 19,00,000/- was received, and co-accused Rajesh Kumar Yadav @ Rajesh Yadav, in whose account Rs. 1,00,000/- was received, have already been granted bail vide orders dated 05.12.2024 and 10.02.2025 passed in Criminal Misc. Bail RApplication Nos. 10795 of 2024 and 215 of 2025, respectively. Learned counsel for the applicant, therefore, seeks parity with the said co- accused and submits that the case of the applicant stands on an even better footing than those who have already been granted bail. It is further submitted that the applicant is languishing in jail since Versus Counsel for Applicant(s) : Praveen Kumar Tripathi, Shiv Pratap Singh, Vaibhav Saxena Counsel for Opposite Party(s) : G.A., Mohit Sharma, Mukul Kumar Sharma Shyam Kumar Dubey Alias Baba Ji Alias Guru Ji Alias Satyendra Kumar Pandey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) 19.01.2025. He has explained criminal history of one case in paragraph 22 of the bail application. 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 charge sheet has been filed; co-accused named above have been granted bail; the applicant has explained criminal history of one case in paragraph 22 of the bail application, coupled with the fact that the applicant is languishing in jail since 19.01.2025, 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. Let the applicant involved in Case Crime No. 338 of 2023, under Sections 406,420,467,468,471,120B IPC, Police Station- Hazratganj, District- Lucknow, 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 BAIL No. 2253 of 2025 2 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 (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. October 31, 2025 R.C. BAIL No. 2253 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench