LAKHAN LAL @ LAKHAN PAL AND ANOTHER v. STATE OF U.P.
BAIL/18482/2025 · 2025-07-09
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61879 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61879 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:111198 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18482 of 2025 Applicant :- Lakhan Lal @ Lakhan Pal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shivasare Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Shivasare, learned counsel for the applicants, Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No. 97 of 2024, under Section 115(2), 352, 351(2), 117(2), 110 B.N.S., Police Station- Aung, District- Fatehpur, during the pendency of the trial. 3. Contention of learned counsel for the applicants is that applicants are innocent and they have been falsely implicated in the instant case. It is further submitted that in a sudden brawl, marpeet as mentioned in the F.I.R. has taken place among the family members and general allegations have been made against the applicants. It is further submitted that all the offences are punishable are upto 7 years. It is also submitted that applicants have criminal history of one case which has been explained in the supplementary affidavit. The applicants are law abiding citizens and they are languishing in jail since 01.05.2025. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid fact. 5. Considering the entire facts and circumstances of the case as well as law laid down by the Apex Court regarding offences punishable upto 7 years in Satender Kumar Antil Vs. Central Bureau of Investigation and Another reported in (2021) 10 SCC 773 and Siddharth vs State of U.P. and another; (2022) 1 SCC 676 and
keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. 6.
Let the applicants- Lakhan Lal @ Lakhan Pal and Ramkumar involved in the aforementioned crime be released on bail, on their 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 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. ii. The applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by them. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 10.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad