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2025 DAILYLAW 185724 (ALL)

SHAILENDRA KUMAR v. STATE OF U.P. PRIN. SECY. HOME LKO.

BAIL/11688/2025 · 2025-12-01

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11688 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant, who is involved in F.I.R./Case Crime No.307 of 2025, under Sections 336(3), 338, 340(2) of B.N.S., 2023, Police Station- Purwa, District- Unnao. It has been submitted by learned counsel for the applicant that the applicant is not named in the FIR and in the statement under Section 161 Cr.P.C., the complainant has not levelled any allegation against the applicant. However, in the statement of co-accused Abhishek S/o Ram Sewak, he has stated that the applicant made Aadhar Card. It is also contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 31.08.2025. The applicant has no previous criminal history. Learned A.G.A has, however, opposed the prayer for grant of bail but could not dispute the fact that in the statement of co-accused, name of the applicant surfaced. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Shailendra Kumar .....Applicant(s) State Of U.P. Prin. Secy. Home Lko. .....Opposite Party(s) learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Let applicant- Shailendra Kumar be released on bail in the aforesaid F.I.R./case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:- (1) 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. (2) 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 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. (3) The applicant will not tamper with the prosecution witnesses. (4) The applicant will not indulge in any illegal activities during the period of bail. (5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant. December 1, 2025 Mohit Singh/- BAIL No. 11688 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench