AJAJ AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/8802/2025 · 2025-10-30
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183822 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183822 (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. - 8802 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the maximum sentence prescribed for the alleged offence is three years, whereas the applicant has already undergone incarceration for about five months. It is further contended that the co-accused, namely Shri Man Narayan Shukla, Vimal Kumar Pandey, and Girijesh Shukla @ Susheel Shukla, have already been enlarged on bail, copies of which are collectively filed as Annexure No. 6 to the bail application. 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 aforesaid facts as argued by the learned counsel for the applicant. Considering the nature of the offence, the period of incarceration already undergone by the applicant, the fact that co-accused have been granted bail, and the applicant is in jail since 05.06.2025, I am of the view that it is a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Anupam Dwivedi, Ram Pheran Dwivedi Counsel for Opposite Party(s) : G.A. Ajaj Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
Let the applicant, Ajaj Ahmad, involved in Case no. 1968 of 2025, Range case no. 74 of 2021-22, u/s 26,41,42,52 Farest Act, & u/s 27,29, 31,50,51 V.T. Act, and 7/55 Jav Vividhita Protection Act, (according to Rejection
order u/s 26 Forest Act), Range Bhanbhar, P.S. Pachpedwa, Distt. - 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 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 in accordance with law. (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 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. October 30, 2025 R.C.
BAIL No. 8802 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench