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2025 DAILYLAW 184324 (ALL)

UTKARSH SINGH v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/6985/2025 · 2025-11-13

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6985 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.188 of 2025, under Sections 140(2), 308(5), 317(2) of BNS, P.S. Bakshi Ka Talab, District Lucknow. In the prosecution case, it is alleged that on 12.05.2025 at about 06:00 pm in the evening some unknown persons came from two vehicles and brother of the complainant Irfan was beaten and kidnapped. It is also alleged that subsequently the complainant received a phone call whereby Rs.2,00,000/- ransom was demanded for release of the brother of the complainant. Learned counsel for the applicant submits that the applicant is not named in the FIR, which itself was lodged after a delay of two days. It is submitted that in his statement, the victim has made only a general allegation against six accused persons. Except for the recovery of Rs.50,000/- from three co-accused persons and their confessional statements, there is no material evidence against the present applicant. No specific allegation has been made against the applicant by any prosecution witness. Versus Counsel for Applicant(s) : Ranjeet Pratap Singh, Ramakar Shukla Counsel for Opposite Party(s): G.A. Utkarsh Singh .....Applicant(s) The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) It is further submitted that in the recovery memo, the confessional statements of the applicant and the co-accused persons have been mentioned; however, those three accused persons later disclosed the names of three more co-accused, namely Akib Ali, Sanib Khan, and Ikrar Khan, who were subsequently arrested. Their statements have been recorded by the police, and none of them have taken the name of the present applicant in connection with the alleged offence. The statements of Akib Ali, Sanib Khan, and Ikrar Khan are on record. It is lastly submitted that the applicant has been in judicial custody since 15.05.2025. It is further submitted that co-accused Akif Ali @ Akib has been granted bail by this Court vide order dated 08.07.2025. Another co- accused, Sanib Khan, has also been granted bail by this Court vide order dated 08.07.2025. Copies of both the bail orders have been annexed collectively as Annexure-8 to the bail application. It is further submitted that co-accused Ikrar Khan has been granted bail vide order dated 11.07.2025, a copy of which has been annexed as Annexure-SA-3 to the supplementary affidavit. Learned A.G.A. has opposed the bail prayer and submitted that the injured has sustained six injuries. Perused the record. On due consideration of the submissions advanced, perusal of the record, and having regard to the fact that the applicant is not named in the FIR, the statement of the victim recorded under Section 161 Cr.P.C., and that the applicant has been languishing in jail since 15.05.2025, it is evident that except for the recovery of Rs.50,000/- on the pointing out of the applicant, there appears to be no other material against him as also considering the statements of the co-accused persons named above and without expressing any opinion on the merits of the case, this Court finds it BAIL No. 6985 of 2025 2 to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Utkarsh Singh be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 269 of BNS. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under 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 209 BNS. November 13, 2025 Madhu D.R/P.S BAIL No. 6985 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench