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2025 DAILYLAW 187457 (ALL)

SATYADEV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

/12330/2025 · 2025-12-09

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12330 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. In the prosecution case, it is alleged that the applicant, alongwith co- accused persons, while hatching criminal conspiracy have lured the general public and have indulged in an online/cyber fraud and have received the amount in their bank accounts. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He has no criminal history. The complainant is the Sub-Inspector, and no other person has come forward to register the FIR. The offence is triable by the Magistrate. The applicant is in jail since 18.07.2025. It is submitted that, as per the FIR, four bank accounts are said to be in the name of the applicant, who is a motor mechanic. It is submitted that having four accounts cannot, prima facie, constitute an offence. From the applicant, ₹20,000/-, a SIM card, Aadhaar card, PAN card and a credit card have been recovered. Learned counsel for the applicant further submits that co-accused Luv Kush, who has been assigned a similar role, has been granted bail by this Court vide order dated 20.11.2025 passed in Bail Application No. 9605 of 2025. The other co-accused, namely Himanshu Mishra, Nirmal Kumar, Vineet Mishra and Abulash @ Abul Versus Counsel for Applicant(s) : Madhulika Yadav, Beauty Singh, Devendra Kumar Singh, Manisha Yadav Counsel for Opposite Party(s): G.A. Satyadev .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) Lash, have also been granted bail by this Court. Copies of the bail orders of the said co-accused persons have been annexed as Annexure No. 10 to the bail application. The applicant seeks parity with the bail orders of the said co-accused persons. 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. On due consideration of the fact that the applicant is in jail since 18.07.2025; the offence is triable by the Magistrate; and also considering the ground of parity with the bail orders of the co-accused persons named above, who have been granted bail by this Court; and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant Satyadev, involved in Case Crime/FIR No. 79 of 2025, Under Sections- 3(5), 61(2), 338, 339, 340(2) BNS and Section 43/66, 66-C Information Technology Act, Police Station- Laliya, District- 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 BAIL No. 12330 of 2025 2 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. December 9, 2025 Madhu D.R/P.S BAIL No. 12330 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench