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2025 DAILYLAW 195711 (ALL)

PAWAN KUMAR MAURYA v. STATE OF U.P. THRU. SECY. HOME LKO.

BAIL/9353/2025 · 2025-10-06

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9353 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Suresh Chandra Srivastava, the learned counsel for the applicant, Sri Prashant Tripathi, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 97 of 2025, under Sections 3(5), 109, 352, 351(2), 351(3) B.N.S, registered at Police Station- Kurwar, District- Sultanpur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 02.04.2025 against three named persons and two unknown persons, stating that accused persons came to the informant's brick-kiln and started hurling abuses. When a labour person at the brick-kiln resisted, the accused persons fired a shot at him, which hit him in his leg. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in three other cases has been disclosed in para 21 of the affidavit, in all of which, he has been released on bail. 5. The Police claimed to have arrested the applicant and in his custodial statement, he stated that he had gone to the brick kiln along with the co- accused persons Mitrasen Maurya and Raj Mangal Singh @ Molu. Mitrsen Maurya stayed outside the brick kiln with his motorcycle and the applicant confessed that he had shot at the victim. Versus Counsel for Applicant(s) : Suresh Chandra Srivastava Counsel for Opposite Party(s) : G.A. Pawan Kumar Maurya .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) 6. The learned counsel for the applicant has submitted that three co-accused persons, namely, Mitrasen Maurya, Raj Mangal Singh @ Molu and Praveen Kumar Singh @ Rahul Singh, have been granted bail by means of orders dated 27.08.2025, 08.09.2025 and 04.09.2025 passed by this Court in Crl. Misc. Bail Application Nos. 8064 of 2025, 8469 of 2025 and 8274 of 2025, respectively. 7. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 20.07.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the role of firing has been attributed on the applicant on the basis of his custodial confessional statement and that three co-accused persons have already been granted bail in the present case and that the applicant is languishing in jail since 10.07.2025 whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail on the ground of parity. 9. Accordingly, this bail application stands allowed. 10. Let the applicant - Pawan Kumar Maurya be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. . (Subhash Vidyarthi,J.) October 6, 2025 Preeti BAIL No. 9353 of 2025 2 Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench