RAJESH v. STATE OF U.P. THRU. SECY. DEPTT. HOME LKO.
BAIL/10995/2025 · 2025-11-12
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183276 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183276 (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. - 10995 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
Learned counsel for accused-applicant in the gang chart, one case is shown against the applicant. In that case he has been released on bail. The bail order is on record as Annexure No. 4 to the bail application. Apart from the case mentioned in the gang chart, the applicant has no other criminal history.
Learned counsel for the applicant submits that the co-accused Shriman Narayan Shukla @ Pintoo and Mubarak, have already been granted bail by this Court vide orders dated 31.10.2025 and 7.11.2025 passed in criminal misc. bail application Nos. 10073 of 2025 and 10709 of 2025. Learned counsel for the applicant seeks parity with the order of the co-accused persons. It has been further submitted that applicant is in jail since 7.10.2025 and if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but could not dispute that it is a case of parity. On due consideration to the fact that in the case mentioned in the gang chart the applicant has been enlarged on bail; apart from that case there is no other case pending against the applicant; co- accused, named above, have been granted anticipatory bail as well Versus Counsel for Applicant(s) : Asim Kumar Singh Counsel for Opposite Party(s) : G.A. Rajesh .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Home Lko. .....Opposite Party(s)
as considering the fact that the applicant is languishing in jail since 04.06.2025, 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 involved in Case Crime No.203 of 2025, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, Police Station Tulsipur, District Balrampur 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 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 BAIL No. 10995 of 2025 2
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 12, 2025 Madhu D.R/P.S BAIL No. 10995 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench