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2025 DAILYLAW 187487 (ALL)

ADARSH TRIVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/12373/2025 · 2025-12-09

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12373 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 the applicant seeking bail in Case Crime No.403 of 2025, under Sections 191(2), 191(3), 115(2), 109, 352, 117(2) of B.N.S., 2023, Police Station-Kotwali Nagar, District-Raebareli. It has been submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the case. It has been submitted that only general allegations have been levelled against the applicant and there is no role of firing. Learned counsel for applicant further submits that the co-accused Himanshu Sonkar, who was assigned similar role, has been granted bail by coordinate Bench of this Court vide order dated 28.11.2025 passed in Bail application No.11846 of 2025. He seeks parity with the bail order of the said co-accused.The applicant is in jail since 15.11.2025. The applicant has explained the criminal history of five cases in paragraph 6 of the bail application. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. Learned A.G.A has, however, opposed the prayer for grant of bail but Versus Counsel for Applicant(s) : Vivek Kumar Singh, Amit Chopra Counsel for Opposite Party(s) : G.A. Adarsh Trivedi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) he has not disputed the above contention made by the learned counsel for the applicant. Considering the fact that the applicant is in jail since 15.11.2025; that he has explained the criminal history of six cases; and that he is entitled to parity with the bail order of co-accused Himanshu Sonkar; and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail. Let applicant- Adarsh Trivedi 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:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 IPC/269 BNS. (v) 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./84 B.N.S.S., may be issued and if 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/209 BNS. (vi) The applicant shall remain present, in person, before the Trial BAIL No. 12373 of 2025 2 Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. With above directions, the bail application is allowed. December 9, 2025 Madhu D.R/P.S BAIL No. 12373 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench