KAMAL SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/11355/2025 · 2025-12-09
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186442 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186442 (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. - 11355 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed today on behalf of the applicant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Instant bail application has been filed on behalf of the applicant with a prayer to release him on bail during the trial in Case Crime No. 361 of 2024, under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Lalganj, District -Pratapgarh.
Learned counsel for the applicant submits that four cases have been shown in the gang chart against the applicant, in which he has been enlarged on bail. Copies of the bail orders have been collectively annexed as Annexure-3 to the bail application. Apart from the four cases shown in the gang chart, the applicant has criminal history of six more cases which he has explained in paragraph 3 of the Supplementary Affidavit. It is further submitted that co-accused Ranjeet Sarooj has already been granted bail by coordinate Bench of this Court vide order dated 22.1.2025 passed in Bail Application No.11973 of 2024. He seeks parity with the bail order of the said co-accused. It is further submitted that the applicant is languishing in jail since 30.9.2024 and he undertakes that he would not commit any offence while on bail and would never try to tamper the evidences or would influence Versus Counsel for Applicant(s) : Seema Kashyap Counsel for Opposite Party(s) : G.A. Kamal Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
the witnesses and would never jump the conditions of bail and would cooperate in the trial proceedings. Therefore, submission is that the applicant is entitled for bail. It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused- applicant. On due consideration to the facts that in the cases mentioned in the gang chart the applicant has been enlarged on bail and apart from the cases mentioned in the gang chart, he has criminal history of six more cases which he has explained in the supplementary Affidavit; the applicant is languishing in jail since 30.9.2024 as also considering the ground of parity with the bail order of co-accused Ranjeet Sarooj, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed.
Accordingly, the bail application is allowed. Let the applicant, Kamal Singh involved in the aforesaid case crime number 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 BAIL No. 11355 of 2025 2
accordance with law. (v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail. (vi) 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 (Now Section 269 of BNS). (vii) 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. December 9, 2025 Madhu D.R/P.S BAIL No. 11355 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench