AADESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/10052/2025 · 2025-11-07
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176892 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176892 (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. - 10052 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case which would be evident from the fact that the applicant is neither named in the F.I.R nor any role has been attributed to him. The applicant has been implicated only on the basis of suspicion. He further stated that the the applicant has criminal history of 5 cases, which has been explained in paragraph-22 of the bail application. 4. He further submits that the co-accused persons namely Meraj, Rinku, Nitin Bhati and Afreen have been granted bail by a co-ordinate bench of this court in Criminal Misc Bail Application Nos. 1659 of 2025, Criminal Misc. Bail Application No. 3815 of 2025, Criminal Misc Bail Application No. 13346 of 2024 and Criminal Misc. Bail Application No. 1166 of 2025 vide orders dated 07.03.2025, 05.05.2025, 05.03.2025, 14.02.2025 respectively, the bail orders are collectively annexed as Annexure No. 6 to the bail application. He seeks parity with the bail orders of the said co-accused persons. 5. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 6. Learned A.G.A. has opposed the prayer for bail, but he could not dispute that it is a case of parity. 7. Considering the facts and circumstances of the case, the arguments Versus Counsel for Applicant(s) : Deepak Kumar, Abhishek Shukla Counsel for Opposite Party(s) : G.A. Aadesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
advanced by learned counsel for the parties, the period for which the applicant is in jail since 12.11.2024, he seeks parity with the bail orders of co-accused Meraj, Rinku, Nitin Bhati and Afreen and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 8.
Let the applicant Aadesh, involved in Case Crime No. 824 of 2024, under sections 310(2), 109, 61(2), 317(3) B.N.S, P.S. Kotwali Sadar, District Unnao, 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 under Section 229-A I.P.C. (now 269 BNS) (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 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 I.P.C. (now 209 BNS). 9. The application is allowed on the ground of parity. November 7, 2025 DiVYa BAIL No. 10052 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench