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2025 DAILYLAW 23587 (ALL)

SATEESH KUMAR v. STATE OF U.P.

BAIL/7844/2025 · 2025-09-15

Ajay Bhanot

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 7844 of 2025 Court No. - 50 HON'BLE AJAY BHANOT, J. Matter is taken up in the revised call. This is the second bail application. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 127 of 2024 at Police Station-Wazirganj District-Budaun under Sections 147, 148, 452, 323, 324, 504, 506, 304 IPC. The applicant is in jail since 15.05.2024. The first bail application of the applicant was rejected by this Court on 06.08.2024. The following arguments made by Shri Tripurari Pal, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agarwal, learned AGA-I from the record, entitle the applicant for grant of bail: 1. Learned counsel for the applicant submits that all the co- accused have been enlarged on bail. 2. The applicant seeks parity in relief granted to the co-accused persons Veeresh, Avadhesh and Sachin who have been enlarged on bail by this Court by orders dated 12.08.2025, 20.08.2025 and 03.04.2025 passed in Criminal Misc. Bail Applications No. 13903 of 2025, 7459 of 2025 and 10170 of 2025 respectively. Versus Counsel for Applicant(s) : Saurabh Yadav, Tripurari Pal Counsel for Opposite Party(s) : G.A. Sateesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 3. The applicant does not have any criminal history apart from this case. 4. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Sateesh Kumar be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. September 16, 2025 Jaswant BAIL No. 7844 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad