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2025 DAILYLAW 199977 (ALL)

SACHIN PATEL v. STTAE OF UP. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/9582/2025 · 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. - 9582 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in FIR No./Case Crime No.114/2025, undeer Sections 310(2), 352, 351(2), 351(3), 3(5) BNS, Police Station Kandhai, District Pratapgarh. In the prosecution case, it is alleged that the informant runs a bussiness of drone cameras and video recording in marriage parties. The incident in question occurred on 23.05.2025 at about 1:45 a.m. It is stated that the cousin brother of the informant, after completing a video recording assignment, was returning home on his motorcycle. When he reached near the canal, three unknown persons riding a motorcycle hit his vehicle, causing him to fall. Taking advantage of the situation, they snatched the bag containing the drone camera and fled from the spot. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He is not named in the FIR and is not a previous convict. It is further submitted that the name of the applicant has surfaced only in the confessional statement of co-accused Dinesh Patel. No recovery has been made from the applicant; rather, the recovery has been effected from co-accused Raju Patel and Dinesh Patel. The applicant has been in custody since 23.07.2025. It is also submitted that on the basis of the present case, the applicant has been falsely implicated in Versus Counsel for Applicant(s) : Praveen Shukla Counsel for Opposite Party(s) : G.A. Sachin Patel .....Applicant(s) Sttae Of Up. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) two other cases, the details of which have been duly explained by him. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant is in custody since 23.07.2025, no recovery has been made from him, and he is not named in the FIR, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Sachin Patel be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 BAIL No. 9582 of 2025 2 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 of the IPC (now Section 269 BNS). (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 of the IPC (now Section 209 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 8, 2025 Madhu D.R/P.S BAIL No. 9582 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench