PINTU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/11041/2025 · 2025-11-15
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196498 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196498 (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. - 11041 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Pankaj Kumar, Advocate on behalf of the complainant is taken on record. Heard learned counsel for the applicants, learned Additional Government Advocate for the State and learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that the brother in law of the informant has been badly beaten by 10 named accused persons and one unknown on 16.9.2025 at around 6.00 to 7.00p.m. believing that he is a thief. After hearing the hue and cry, the complainant and his brother Dharmraj also reached there and tried to save him. They were also beaten. It is contended on behalf of the applicants that the alleged injured Om Prakash has not received any injury. The other two injured have received simple injuries. General allegations have been made on 11 accused persons. No case under section 109 BNS is made out. The applicant has no criminal antecedent. They are innocent. Co-accused persons, namely Ram Prakash, Om Prakash, Ankur and Anoop, who were assigned a role similar to that of the applicant, have already been granted bail by this Court vide order Versus Counsel for Applicant(s) : Sandip Kumar, Sandeep Kumar Singh Counsel for Opposite Party(s): G.A. Pintu And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
dated 29.10.2025 passed in Criminal Misc. Bail Application No. 10455 of 2025. The applicant, therefore, seeks parity with the said co-accused persons. The applicants are in jail since 17.9.2025. It is further submitted that there is no possibility of the applicants of fleeing away from judicial custody or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. Learned A.G.A. and learned counsel for the complainant have opposed the prayer for bail. On due consideration to the bail orders of the co-accused named above; the applicants have no criminal history; general allegation in the prosecution case; without there being any specific role assigned to any of them; the applicant is in jail since 17.9.2025, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail.
Let the applicants Pintu and Yogesh be released on bail in case crime No.199 of 2025 under sections 191(2), 109(1), 351(3) BNS, P.S. Khandasa, district Ayodhya on their each 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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. (iv) The applicants shall file an undertaking to the effect that he BAIL No. 11041 of 2025 2
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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A I.P.C (now 269 BNS). (vi) In case the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A I.P.C.(now 209 BNS). Bail application is allowed accordingly. It is made clear that any observation made in this order shall not affect the trial.
November 15, 2025 Madhu D.R/P.S BAIL No. 11041 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench