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2025 DAILYLAW 183608 (ALL)

RAJU KASHYAP v. STATE OF U.P. THRU. SECY. HOME LKO.

BAIL/11899/2025 · 2025-12-01

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11899 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The present application has been filed seeking bail in Case Crime No.171 of 2025, under Sections 305A, 331(4), 317(2) of Bharatiya Nyaya Sanhita, 2023, Police Station Indira Nagar, District Lucknow. 3. Learned counsel for the applicant submits that co-accused, Ravindra Singh has been granted bail by this Court vide order dated 19.11.2025 passed in Criminal Misc. Bail Application No.10971 of 2025. He further submits that case of the applicant is at par with the co-accused. Therefore, the applicant is also entitled to be released on bail on the ground of parity. He has also submitted that there is no criminal criminal history of the applicant except one case registered in relation to this incident. Applicant is in jail since 20.08.2025. 4. Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid submissions of learned counsel for the applicant. 5. Considering the over all facts and circumstances of the case, the fact that co-accused having similar role, has been granted bail by this Court, the applicant is entitled to be released on bail. 6. Let the applicant, Raju Kashyap be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in Versus Counsel for Applicant(s) : Surendra Kumar Mishra Counsel for Opposite Party(s) : G.A. Raju Kashyap .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) the like amount to the satisfaction of Court concerned with the following conditions :- (i) 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. (ii) 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 erstwhile Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 of the erstwhile Cr.P.C. 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 of the erstwhile Indian Penal Code. (iv) 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 of the erstwhile 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. 8. It is made clear that observations made in this order are limited to the purpose of determination of this bail application and will, in no way, be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusion on the basis of evidence led unaffected by anything in this order. December 1, 2025 Rao/- BAIL No. 11899 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench