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2025 DAILYLAW 189486 (ALL)

PHEKU v. STATE OF U.P.

BAIL/35743/2025 · 2025-10-14

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35743 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 435 of 2025, under Sections 115(2), 109, 110, 191(2) B.N.S., Police Station- Kasya, District Kushinagar. 3. Contention of learned counsel for the applicant is that in the FIR as well as in the statement of injured, general allegations have been made against all the three accused persons including the applicant. It is further submitted that co-accused Lekhpal has already been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.31589 of 2025 vide order dated 23.09.2025. Therefore, he is entitled to be released on bail on the ground of parity. He further argued that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has explained the criminal history of one case in para 21 of the affidavit and he is languishing in jail since 06.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the fact that co-accused Lekhpal, having similar role to that of the applicant has been enlarged on bail. Versus Counsel for Applicant(s) : Arvind Prabodh Dubey, Ashok Kumar Giri Counsel for Opposite Party(s) : G.A. Pheku .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that co-accused Lekhpal having similar role to that of the applicant has been enlarged on bail and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Pheku involved in the aforementioned crime 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:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 15, 2025 A.Kr. BAIL No. 35743 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad