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2025 DAILYLAW 197680 (ALL)

SUDHANSHU TIWARI @ SUDHANSHU PANDIT v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

BAIL/9438/2025 · 2025-10-27

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9438 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and learned counsel for the complainant. Learned counsel for the applicant submits that the FIR contains allegations against three named and twenty-five unnamed accused persons. The offences alleged are punishable with a maximum sentence of seven years. It is further submitted that no specific role has been assigned to the applicant. The motorcycle stated to have been recovered in the prosecution case does not belong to the applicant. The applicant is innocent and has explained his criminal history in paragraph 21 of the bail application. He is languishing in jail since 30.08.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail 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. and learned counsel for the complainant have opposed the bail application; however, they do not dispute that the alleged offences are punishable with imprisonment of up to seven years. Considering the nature and gravity of the offences, the maximum punishment prescribed, the general nature of allegations made against more than twenty-five persons, and the fact that the applicant is in custody since Versus Counsel for Applicant(s) : Krishna Gopal, Amarjeet Singh, Touqeer Ahmad Counsel for Opposite Party(s) : G.A., Vaibhav Sangam Mishra .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s) Sudhanshu Tiwari @ Sudhanshu Pandit 30.08.2025, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Sudhanshu Tiwari @ Sudhanshu Pandit involved in Case Crime no. 455/2025, U/s 115 (2), 191 (2), 304 (2), 317 (2), 3 (5), 324 (4) Β. N.S., Police Station – Chinhat, District Lucknow, 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. (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 82 Cr.P.C. (now Section 84 BNSS) 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 174-A IPC (now Section 209 of BNS) 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. October 27, 2025/R.C. BAIL No. 9438 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench