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2025 DAILYLAW 176525 (ALL)

RAJIV NAYAN PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

/12386/2025 · 2025-12-12

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12386 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Accused-applicant seeks bail in Case Crime No. 290 of 2025 under Sections 340(2), 336(3), 338, 318(4), 319(2), 61(2) BNS & 10, 3 of the U.P. Public Examination Act, P.S.-Bijnor, District-Lucknow South, Commissionerate Lucknow. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The co-accused, Sudhanshu Kumar, who has been assigned a similar role, has already been enlarged on bail by this Court vide order dated 20.11.2025 passed in Criminal Misc. Bail Application No. 11345 of 2025. The role attributed to the applicant is similar to that of the co-accused. The applicant was arrested along with the co- accused persons and from his possession a mobile phone, four ATM cards, one Aadhaar card, one PAN card, and Rs. 170/- were alleged to have been recovered. The alleged recovery is false as there is no independent witness. The applicant seeks parity with the co-accused, who has been granted bail. The applicant has no other criminal history. 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 A.G.A. opposed the prayer for bail but could not dispute the Versus Counsel for Applicant(s) : Rohit Kumar Verma, Anupam Kumar Chaurasiya, Faizal Hashmi Counsel for Opposite Party(s) : G.A. Rajiv Nayan Pandey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) aforesaid facts as argued by the learned counsel for the applicant. Considered the aforesaid and perused the record. On due consideration of the facts that the allegation made in the prosecution case is that applicant has been instrumental in committing the alleged crime with the gang leader Anand Kumar, the role assigned to the applicant and bail order of the co-accused Sudhanshu Kumar, coupled with the fact that applicant is in jail since 07.10.2025 and has no criminal history, I find it to be a fit case for enlarging the applicant on bail on parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant- Rajiv Nayan Pandey, involved in aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. 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. December 12, 2025 Vinay/- BAIL No. 12386 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench