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2025 DAILYLAW 187600 (ALL)

UPENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/12167/2025 · 2025-12-05

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12167 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 accused-applicant seeks bail in Case Crime No.596 of 2023 under Section 419,420,465,468,471 IPC and Section 3/9 U.P. Sarvajanik Pariksha Adhiniyam, Police Station Madiyaon, District Lucknow. Learned counsel for the applicant submits that the offence is punishable up to seven years. The co-accused Amit Kumar, who is the solver and was apprehended on the spot, has been granted bail by a coordinate Bench of this Court vide order dated 12.01.2024 passed in Bail Application No. 425 of 2024 (Annexure-3). The applicant, however, was not arrested from the spot, and his case stands on a better footing. He, therefore, seeks parity with the bail order of co-accused Amit Kumar. The charge sheet has already been filed. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. Versus Counsel for Applicant(s) : Himanshu Shekhar Counsel for Opposite Party(s) : G.A. Upendra Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant is in jail since 01.08.2025; the charge sheet has been filed in the matter; the applicant has no criminal antecedents; the offence is punishable up to seven years; and considering the bail order of co-accused Amit Kumar, 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. Accordingly, the bail application is allowed. Let the applicant Upendra Kumar, involved in the aforesaid FIR/Case crime number, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. 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 5, 2025 Madhu D.R/P.S BAIL No. 12167 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench