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2025 DAILYLAW 74712 (ALL)

NARENDRA SINGH v. STATE OF U.P.

BAIL/24987/2025 · 2025-08-04

Ashutosh Srivastava

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:131713 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24987 of 2025 Applicant :- Narendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Aklank Kumar Jain Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State Respondent and perused the record. 2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 634 of 2024, under Sections 319(2), 318(4), 338, 336 (3), 340(2) & 111(3) of BNS read with Section 3/7 of Essential Commodities Act, Police Station Kotwali Lalitpur, District Lalitpur. 3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant is driver of the alleged vehicle. The applicant has not committed the alleged offence. False allegation has been made against the applicant. The applicant has no concern with the alleged incident. He submits that the applicant has criminal history of three other cases to his credit. The applicant is in jail since 02.06.2025 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. 4. It is further contended that similarly placed co-accused Anil Kumar Jain Anchal, Jitendra Kumar Jain @ Babloo Jain and Nitesh Kumar have already been granted bail by this court vide orders dated 03.10.2024, 30.09.2024 and 25.09.2024 in Criminal Misc. Bail Application Nos. 36510 of 2024, 36179 of 2024 and 33906 of 2024, therefore the applicant is also entitled for bail on the ground of parity. 5. I have perused the bail order of the co-accused and find that the role assigned to the present applicant is almost similar to that of co-accused person, who has already been granted bail by this Court. 6. On the other hand, learned A.G.A. opposes the application for bail. 7. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 8. Let the applicant Narendra Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. (ii) The applicant shall not tamper with the evidence or influence any witness during the trial to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) The applicant shall filed an undertaking to the effect that he shall not seek any adjournment of the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 5.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad