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2025 DAILYLAW 71298 (ALL)

LOKENDRA v. STATE OF U.P.

BAIL/23327/2025 · 2025-08-04

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131693 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23327 of 2025 Applicant :- Lokendra Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tripathi,Saurabh Chaturvedi,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Indra Kumar Chaturvedi, learned Senior Advocate assisted by Shri Saurabh Chaturvedi, learned counsel for the applicant, Shri Manoj Kumar Singh, learned AGA for the State, Shri Gaurang Dwivedi, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Lokendra, seeking enlargement on bail in Case Crime No. 707 of 2024, under Sections 103 (1), 238A, 232, 3(25) of the Bharatiya Nyaya Sanhita, 2023 and Section 4/25 of Arms Act, Police Station Sardhana, District Meerut. 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 17.2.2025. Learned counsel for the applicant submits that applicant was not named in the FIR. There is no eye witness of alleged offence. The prosecution story developed by the first informant is false inasmuch as, the named co-accused Tejpal was at that time in Dubai and his arrest was ordered to be stayed till cognizance taken on the police report under Section 193 (3) of BNSS by Division Bench of this Court in Crl. Misc. Writ Petition No. 2072 of 2025 vide order dated 5.2.2025. Name of applicant surfaced on record on the basis of confessional statement of co-accused and confessional statement cannot be read into evidence. He has no criminal antecedent 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 AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail. 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, Lokendra, 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 :- 5.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad