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2025 DAILYLAW 195315 (ALL)

JAY PRAKASH MAURYA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/9938/2025 · 2025-10-15

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9938 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. The aforesaid case has been registered on the basis of F.I.R. lodged on 21.07.2025 against six named persons, not including the applicant and some unnamed persons, stating that the accused persons had threatened one Jagannath Vishwakarma for executing a sale deed in favour of one of the named accused persons Vipin Pandey. He alleged that the accused persons had assaulted Jagannath Vishwakarma, Brijesh Tiwarli, Arun Kumar Mishra and Aditya Kumar Mishra and the incident is recorded in the CCTV footage. 3. Learned counsel for the applicant submits that the applicant has not been previously convicted and he has no prior criminal antecedent(s) before lodging of this FIR. It is submitted that the two injured persons have not assigned any role to the present applicant. He further submits that the applicant has been falsely implicated and the applicant is ready to give undertaking for cooperation in the investigation. He next submits that the applicant is in jail since 23.07.2025 and investigation in the case is pending. He also submits that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. 4. He further submits that the co-accused persons namely Harish Jaiswal @ Panney and Akhilesh Srivastava have been granted bail by a co-ordinate Versus Counsel for Applicant(s) : Sumit Kumar Srivastava Counsel for Opposite Party(s) : G.A. Jay Prakash Maurya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) bench of this court in Criminal Misc Bail Application No. 8649 of 2025 and Criminal Misc. Bail Application No. 8972 of 2024 vide orders dated 15.09.2025 and 22.09.2025 respectively, which are annexed as Annexure No. 7 to the bail application. 5. Learned A.G.A. has opposed the prayer for bail, however, could not dispute the fact that no role to the applicant has been assigned by both the injured persons and the applicant is not a previous convict and the name of the applicant has been surfaced on the basis of statement(s) of Balmukund Mishra and Jagannath Vishwakarma, who have alleged that the applicant was part of conspiracy. 6. On due consideration to the submissions advanced, perusal of the record, the two injured persons namely Arun Kumar Mishra and Aditya Kumar Mishra have not assigned any role to the applicant, there appears to be no chance of tampering the prosecution evidence coupled with the fact that the applicant has no prior criminal history; he is languishing in jail since 23.07.2025 as also the undertaking by the applicant to cooperate in the investigation 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. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Jai Prakash Maurya involved in Case Crime No. 0219 of 2025, under Sections 3(5), 191(2), 191(3), 190, 115(2), 352, 35193), 109(1), 61(2), 140(2), 62 of B.N.S. and Section 7 of Criminal Law Amendment Act, Police Station- Patti, District- Pratapgarh, 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. BAIL No. 9938 of 2025 2 (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 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 84 B.N.S.S. 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 209 of B.N.S. October 15, 2025 Raj BAIL No. 9938 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench