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2025 DAILYLAW 200308 (ALL)

AMAR NATH TRIVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME SECTT. LKO AND 3 OTHERS

/6327/2025 · 2025-10-13

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6327 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Amit Bhardwaj, learned counsel for the applicant and Shri Mayank Sinha, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.779 of 2016 under Sections 147/323/504/506/354 of I.P.C. and 7/8 of P.O.C.S.O. Act and 3(1)(XI) of SC/ST Act registered at Police Station- Gomti Nagar, District- Lucknow. 3. Earlier the applicant was ordered to be released on bail in the present case by means of an order dated 11.12.2023 passed by this Court in Crl. Misc. Bail Application no.12741 of 2023. A perusal of the order sheet of the trial court annexed with the bail indicates that the applicant continuously kept on attending the dates fixed by the trial Court without any progress in trial. 4. On 29.08.2024, the next date was fixed by the trial court as 25.09.2024 but the case was not listed on the date fixed rather it was taken up on 24.09.2024 and thereafter on 25.10.2024 and the applicant attended the date fixed on 25.10.2024 although this date has not been fixed previously as per the order sheet of the trial court. 5. The applicant has attended the proceedings of the trial till 10.12.2024 without any progress in trial. He could not appear on 03.01.2025 and 15.01.2025 and thereafter a non-bailable warrant was issued against him and he has surrendered to custody on 03.05.2025. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has already been granted bail in the present case by this Court; that the applicant diligently attended the Versus Counsel for Applicant(s) : Satish Kumar, Amit Bhardwaj Counsel for Opposite Party(s) : G.A. Amar Nath Trivedi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko And 3 Others .....Opposite Party(s) proceedings of the trial for considerably long period without any progress in trial; and that the applicant could not attend the proceedings merely on two dates and thereafter he filed an application seeking recall of the non-bailable warrant issued against him and upon rejection of the application, he surrendered to custody, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Amar Nath Trivedi be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. October 13, 2025 -Amit K- BAIL No. 6327 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench