DEVENDRA KUMAR @ LALA BABU TIWARI v. STATE OF U.P.
BAIL/28008/2025 · 2025-10-05
Krishan Pahal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85268 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85268 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28008 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
2. Heard Sri Kaustubh Tripathi, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.249 of 2011, under Section 10 of UP Control of Goondas Act, 1970, Police Station- Sumerpur, District- Hamirpur, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant was enlarged on bail in the instant case by this Court in which period of extermination has already expired. The applicant was suffering from liver disease, as such, he was hospitalized and could not attend the court and now he is languishing in jail since 7.7.2025. The criminal history of seven cases assigned to the applicant has been explained. He is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
5. Per contra, learned State Law Officer has vehemently opposed the bail application.
6. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out.
7. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Kaustubh Tripathi, Manjari Shukla Counsel for Opposite Party(s) : G.A. Devendra Kumar @ Lala Babu .....Applicant(s) State of U.P. .....Opposite Party(s)
learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Devendra Kumar @ Lala Babu, 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. Further, before issuing the release
order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
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. October 6, 2025 Vikas Verma BAIL No. 28008 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad