KALLU PASWAN @ PREMSHANKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO.
BAIL/10425/2025 · 2025-11-10
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178023 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178023 (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. - 10425 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present application has been filed by the applicant seeking bail in Case Crime No.0213 of 2025 under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Dalmau, District Raebareli. Heard learned counsel for the accused-applicant and learned A.G.A. for the State as well as perused the record.
Learned counsel for the applicant submits that in the gang chart, only one case has been shown against the applicant, and in that solitary case, he has already been enlarged on bail. The bail order has been filed as Annexure-3 to the bail application. Apart from the single case there is criminal history of one more case i.e. Crime No.376 of 2024 under Sections 5/ 8-A of the U.P. Prevention of Cow Slaughter Act, 1955, as well as Section 11 of the Prevention of Cruelty to Animals Act, 1960. It is further submitted that co-accused Rinku has been granted bail by Coordinate Bench of this Court vide order dated 24.9.2025 passed in Criminal Misc. Anticipatory Bail Application No.1335 of 2025, copy of which has been annexed as Annexure-5 to the bail application. He, therefore, seeks parity with the said co-accused. It is also submitted that the applicant is in custody since 6.10.2025, Versus Counsel for Applicant(s) : Vyas Narayan Shukla Counsel for Opposite Party(s) : G.A. Kallu Paswan @ Premshankar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s)
and in case he is granted the facility of bail, there is no apprehension of his fleeing from the course of justice. He undertakes to abide by all conditions that may be imposed by the Court below and to cooperate in the expeditious conclusion of the trial. Learned A.G.A. has opposed the prayer for bail but has not disputed that it is a case of parity. On due consideration to the fact that in the solitary case mentioned in the gang chart the applicant has been enlarged on bail; the applicant is languishing in jail since 20.9.2025; the co-accused has already been granted anticipatory bail, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the ground of parity. Let the applicant, Kallu Paswan @ Premshankar involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in t. he 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 BAIL No. 10425 of 2025 2
and pass orders in accordance with law. (v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail. (vi) 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 (Now Section 269 of BNS). (vii) 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 bail application and shall have no bearing on the merits of the trial. November 10, 2025 Madhu D.R/P.S BAIL No. 10425 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench