Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 199359 (ALL)

RUPESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/10342/2025 · 2025-11-10

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. - 10342 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. It is alleged that several death certificates were fraudulently issued between the years 2002 and 2025. The applicant, who is stated to be operating a Jan Suvidha Kendra, has been held responsible on the allegation that he might have been involved in the commission of the said offence. Submission of learned counsel for the applicant is that no incriminating material was recovered from the applicant, unlike from the co-accused persons. Furthermore, the offenses alleged are triable by a magistrate, and a charge sheet has already been filed.. Offences are triable by magistrate. Charge sheet has been filed. Learned counsel for the applicant further submits that the co-accused Dharmendra Madhesiya and Abhishek Gupta who were assigned similar role have been enlarged on bail by this Court vide orders dated 31.10.2025 and 29.10.2025 passed in criminal misc. bail application No. 9460 of 2025 and 9256 of 2025 Learned counsel for the applicant seeks parity with the order of the co-accused. It is further submitted that the applicant is languishing in jail since 19.07.2025 without having any criminal antecedent. There is no possibility of the applicant of fleeing away after being released from jail or tampering Versus Counsel for Applicant(s) : Ambica Tripathi Counsel for Opposite Party(s) : G.A. Rupesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application, however, could not dispute the fact that it is a case of parity. On due consideration to the fact that co-accused Dharmendra Madhesiya and Abhishek Gupta who were assigned similar role have been enlarged on bail; the offences are triable by magistrate and charge sheet has already been filed, coupled with the fact that the applicant is languishing in jail since 19.07.2025, without having any criminal antecedent, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Rupesh Kumar involved in Case Crime No.: 275/2025, under Sections 318(4), 336(3), 336(4), 338 B.N.S. & 65 I.T. Act, P.S.- Tadiyawan, District Hardoi, 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, BAIL No. 10342 of 2025 2 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 anticipatory bail application and shall have no bearing on the merits of the trial. November 10, 2025 R.C. BAIL No. 10342 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench