VERSHA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/10115/2025 · 2025-10-16
Karunesh Singh Pawar
body2025
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[ 2025 DAILYLAW 202222 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 202222 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10115 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the record. 2. Learned counsel for the applicants submits that in the gang chart, three cases have been shown against both the applicants. In those cases, the applicants have been enlarged on bail. The bail orders are annexed collectively as Annexure No. 3, along the affidavit filed in support of the bail application. Apart from the said cases, the applicants have no previous criminal history and they are languishing in jail since 22.08.2025. 3. It is also submitted that the applicants are ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. 4. It is further submitted that there is no possibility of the applicants fleeing away from judicial custody or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants. 6. Considering the facts and circumstances of the case, the nature of allegations, arguments advanced by learned counsel for the parties, the period for which the applicants are in jail i.e. since 22.08.2025, as also the fact that the applicants have no previous criminal history apart from the said cases in the gang chart, without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Let the applicants- Versha and Sanjo involved in Case Crime No. 342 of Versus Counsel for Applicant(s) : Sharda Mohan Tiwari Counsel for Opposite Party(s) : G.A. Versha And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)
2025, under Sections 3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Ajgain, District Unnao, be released on bail on their furnishing separate bonds 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 applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 applicants shall file an undertaking to the effect that they 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 applicants shall also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that they will not indulge in any case or misuse the liberty of bail. (vi) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsels. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 B.N.S. (vii) In case the applicants misuse the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 B.N.S.
8. The bail application is allowed accordingly. October 16, 2025 DiVYa BAIL No. 10115 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench