VIPIN PANDEY @ VIKAS PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO.
/12004/2025 · 2025-12-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185373 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185373 (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. - 12004 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 219 of 2025, under Sections 3(5), 191(2), 191(3), 190, 115(2), 352, 351(3), 109(1), 140(2), 62 B.N.S and Section 7 of Criminal law Amendment Act, registered at Police Station Patti, District Pratapgarh. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 21.07.2025 against six named persons, and some unnamed persons, stating that the accused persons had threatened one Jagannath Vishwakarma for executing a sale deed in favour of one of the named accused persons Vipin Pandey. He alleged that the accused persons had assaulted Jagannath Vishwakarma, Brijesh Tiwarli, Arun Kumar Mishra and Aditya Kumar Mishra and the incident is recorded in the CCTV footage. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no previous criminal history. 5. An F.I.R No. 0222 of 2025 was lodged in Police Station Patti, District Pratapgarh on 24.07.2025 against six persons, including the applicant, alleging that those persons had threatened Jagannath Vishwakarma on
18.07.2025. Versus Counsel for Applicant(s) : Praveen Shukla Counsel for Opposite Party(s) : G.A. Vipin Pandey @ Vikas Pandey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s)
He further submits that whereas the injured Jagannath Vishwakarma has assigned general role of beating to the applicant, the other injured persons have assigned the role of exhortion to the applicant. Case of the applicant is akin to the case of the co-accused Akhilesh Srivastava who has been granted bail vide order dated 22.9.2025 passed in Bail No.8972 of 2025. Prior to the present incident the applicant has a criminal history of one case which has been explained in para 44 of the bail application. After the incident, three more cases have been slapped against the applicant which have been explained in para 45 of the bail application. 6.
Co-accused Harish Jaiswal @ Pandey has already been granted bail in the present case by means of an order dated 15.09.2025 passed by this Court in Crl. Misc. Bail Application No.8649 of 2025. 7. Learned AGA has opposed the prayer for bail and submits that injured Jagannath Vishwakarma has assigned general role of beating to the accused persons, including the applicant, to which learned counsel for the applicant submits that Jagannath Vishwakarma has not been medically examined. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant was arrested along with co- accused persons Jai Prakash Maurya and Harish, on the basis of information received from a mukhbir and, thereafter, the police recorded statements of some eye-witnesses, who assigned role of exhortion on the applicant and no other allegation has been levelled against him; co-accused, named above, have already been granted bail whereas the applicant is languishing in jail since 23.07.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 10. Accordingly, this bail application stands allowed, also on the ground of parity. . 11. Let the applicant- Vipin Pandey alias Vikas Pandey, be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence;
BAIL No. 12004 of 2025 2
(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. December 4, 2025 kkb/ BAIL No. 12004 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench