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2025 DAILYLAW 44144 (ALL)

PARMOD KUMAR v. STATE OF U.P.

BAIL/13365/2025 · 2025-07-28

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:126366 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13365 of 2025 Applicant :- Parmod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Pratap Singh,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that applicant is named along with other seven accused persons. The F.I.R. was lodged the Sub Inspector of Police regarding recovery of seven stolen motorcycles, engine, chassis and some parts along with two country made pistols. False recovery of a country made pistol and three hundred rupees is shown from the possession of applicant. Six other co-accused have already been granted bail, as the case of applicant is not on the worse footing than that of the other accused, therefore, applicant may also be enlarged on bail. He next submits that there was no criminal case against the applicant prior to his arrest in the present case and after arrest of the applicant in the present case the police has implicated him in six other cases in which he is on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The applicant is languishing in jail since 11.12.2024. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the submissions made by learned counsel for the applicant. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Parmod Kumar, be enlarged on bail in Case Crime No. 654 of 2024, under Sections 303(2), 317(2), 317(4), 317(5), 338, 336(3), 340(2), 112(2) of B.N.S., Police Station- Kotwali, District- Azamgarh, on executing a personal bond and furnishing two local 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. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 29.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad