ANKUSH KUMAR @ ANKUSH GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/10521/2025 · 2025-11-17
Karunesh Singh Pawar
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 195533 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195533 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10521 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.139 of 2025 under Sections 318(4), 317(4), 338, 336(3), 340(2) and 317(2) BNS, 2023, Police Station Jaitpur, District Ambedkar Nagar. In the prosecution case, it is alleged that one stolen motorcycle without a number plate was recovered from the possession of the applicant. It is further alleged that a total of 15 motorcycles were recovered on the pointing out of the applicant and the co-accused persons. Learned counsel for the applicant submits that the applicant is innocent. The applicant is in jail since 28.06.2025. The charge-sheet has been filed in the matter. The applicant has explained the criminal history of 9 cases in paragraph 19 of the bail application. 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. I have considered the arguments advanced by learned counsel for Versus Counsel for Applicant(s) : Santosh Kumar Srivastava, Himanshu Singh Counsel for Opposite Party(s): G.A. Ankush Kumar @ Ankush Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
the parties as well as perused the record. On due consideration to the facts that there is no independent witness to the recovery; the applicant is in jail since 28.06.2025; the applicant has explained the criminal history of 9 cases in paragraph 19 of the bail application; the charge-sheet has been filed in the matter; 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 Ankush Kumar @ Ankush Gautam 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. November 17, 2025 Madhu D.R/P.S BAIL No. 10521 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench