VIJAY KUMAR AWASTHI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME GOVT. OF U.P. LKO.
BAIL/11663/2025 · 2025-12-01
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176297 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176297 (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. - 11663 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant, who is involved in F.I.R./Case Crime No.502 of 2023, under Sections 419, 420, 468, 468, 471, 120-B of B.N.S., 2023, Police Station-Kotwali Nagar, District- Gonda. It has been submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the case. Learned counsel for applicant further submits that the main co-accused namely, Saroj Shukla has been granted bail by this Court on 22.07.2025 in Criminal Misc. Bail Application No. 999 of 2025. The allegation is that the applicant supported the purchaser to buy the land and allegation of fraud is levelled against the purchaser. The criminal history of the applicant has been explained in para 14 of the affidavit filed in support of the application. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 18.011.2025. Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention including that the bail has been Versus Counsel for Applicant(s) : Pankaj Kumar Shukla Counsel for Opposite Party(s) : G.A. Vijay Kumar Awasthi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Of U.P. Lko. .....Opposite Party(s)
granted to main co-accused. 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 and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Vijay Kumar Awasthi be released on bail in the aforesaid F.I.R./case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:- (1) 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 under Section 229-A of the Indian Penal Code. (2) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. 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. (3) The applicant will not tamper with the prosecution witnesses. (4) The applicant will not indulge in any illegal activities during the period of bail. (5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant. December 1, 2025 Mohit Singh/- BAIL No. 11663 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench