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2025 DAILYLAW 199303 (ALL)

LALU PAL @ SHIV SHANKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7791/2025 · 2025-10-08

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7791 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant,l learned A.G.A for the State of U.P. and perused the record. 3. The present bail application has been filed on behalf of the applicant in Case Crime No. 20 of 2025, under Section 191(2), 191(3), 115(2), 351(3), 352, 109(1), 324 (2), 117(2) and 333 BNS, 2023, Police Station-Haiderganj, District-Ayodhya, with the prayer to enlarge him on bail. 4. Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case. He next submitted that earlier the applicant was implicated in one case and in the said case, he has been acquitted. He next submitted that the applicant was implicated in the present case on the basis of concocted facts as general allegations have been levelled against eight accused persons for causing injury to four injured persons and no specific role has been assigned to the applicant and he is in jail since 10.03.2025. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. The co-accused Dinesh Kumar Singh has been enlarged on bail vide order dated 12.6.2025 passed in Bail No.5229 of 2025 by this court. Another co- accused Anubhav Singh has also been enlarged on bail vide order dated 23.7.2025 passed in Bail No.4359 of 2025. 5. Learned A.G.A. opposed the prayer for grant of bail to the applicant and Versus Counsel for Applicant(s) : Ranjeet Pal, Kaushal Tiwari Counsel for Opposite Party(s) : G.A. Lalu Pal @ Shiv Shankar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) submitted that lathi has been recovered at the pointing of the applicant, however, he did not dispute that general allegation for causing injury to four injured persons have been alleged against the applicant. 6. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, as per prosecution case, eight persons assaulted four persons. It is evident that no specific role has been assigned to the applicant and only general allegations have been alleged against the applicant, the co- accused named above have been granted bail, therefore, it is a fit case for bail and accordingly the bail application is allowed. 7. Let the applicant Lalu Pal alias Shiv Shankar, who is involved in aforementioned case crime 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 subject to following conditions. (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 under Section 229-A IPC. (v) 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., may be issued BAIL No. 7791 of 2025 2 and if 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. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. October 8, 2025 kkb/ BAIL No. 7791 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench