ANKIT BHARTIYA v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME AFFAIRS LKO.
/9585/2025 · 2025-10-13
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 200453 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200453 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9585 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard Ms. Priya Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 51 of 2025 under sections 310(2), 317(3), 61(2) B.N.S ,P.S.- Delhupur, District Pratapgarh. 3. Learned counsel for the applicant submits that the applicant is innocent and has no previous criminal history. The name of the applicant has surfaced in the confessional statement of the co-accused person. She further submits that no incriminating substance has been recovered from the possession of the applicant and the applicant has falsely been implicated in the present case and he is languishing in jail since 06.06.2025 and the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. 4. She further submits that the co-accused person namely Aman Singh Patel has been granted bail by a co-ordinate bench of this court in Criminal Misc Bail Application No. 8792 of 2025 vide order dated 23.09.2025. He seeks parity with the bail order of the said co-accused. 6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 7. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 06.06.2025; prima facie, there is no cogent piece of evidence against the Versus Counsel for Applicant(s) : Priya Singh, Arpit Gupta, Rohit Kumar Jayaswal Counsel for Opposite Party(s) : G.A. Ankit Bhartiya .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Affairs Lko. .....Opposite Party(s)
applicant so as to connect him with the offence; the applicant has no previous criminal history; as also the fact that the co-accused person namely Aman Singh Patel has been granted bail, 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. . 9.
Let the applicant- Ankit Bhartiya involved in the aforementioned 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, with the following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (ii) 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. He 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 269 B.N.S. (iii) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S 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 209 B.N.S. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 B.N.S.S.
10. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. 11. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. October 13, 2025 DiVYa BAIL No. 9585 of 2025 2 (Karunesh Singh Pawar,J.)
Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench