PRASHANT SENGAR ALIAS LALLA SENGAR v. STATE OF U.P.
BAIL/11180/2025 · 2025-05-18
Ashutosh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36837 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36837 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:83784 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11180 of 2025 Applicant :- Prashant Sengar Alias Lalla Sengar Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.,Kamal Singh Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Vijay Singh Sengar, learned counsel for the applicant, Shri Kamal Singh, learned counsel for the first informant and Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Prashant Sengar Alias Lalla Sengar, seeking enlargement on bail in Case Crime No. 33 of 2025, under Sections 109 (1), 352, 324 (6) B.N.S. and 3/25/27 Arms Act, Police Station- Kalpi, District-Jalaun.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 13.02.2025.
Learned counsel for the applicant submits that First Information Report dated 12.02.2025 has been lodged by the first informant with the allegation that on the date of incident when the first informant was going to his house the applicant hurled abuses and opened fire targetting the applicant with an intention to kill him but the bullet hits the vehicle of the first informant. The police has arrested the applicant and shown recovery of a country made pistol from the possession of the applicant. Learned counsel for the applicant submits that the real fact is that the police has arrested the applicant from his house and shown false recovery of country made pistol from the possession of the applicant. There is no independent witness of the alleged incident and recovery. Criminal history of ten cases of the applicant has been properly explained in the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with
evidence in case of release on bail. Hence, bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Prashant Sengar @ Lalla Sengar , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 19.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad