Research › Search › Judgment

Allahabad High Court · body

2025 DIGILAW 222 (ALL)

Abhay @ Abhi v. State of U. P.

2025-02-06

RAJESH SINGH CHAUHAN

body2025
JUDGMENT : Rajesh Singh Chauhan, J. 1. Heard Sri Shivendra S. Singh, learned counsel for the applicant and Sri Diwaker Singh, the learned AGA for the State and perused the record. 2. The present applicant is in jail since 17.12.2024, in case crime no. 150 of 2024, under Sections 191(2), 191(3), 115(2) , 352 , 76 , 333 and 105 of BNS at Police Station Mahigawan District Lucknow. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. 4. Attention has been drawn towards the First Information Report, wherein, the allegation has been levelled against six accused persons including the present applicant. This is the case of cross FIR, where the FIR from the side of the present applicant has been lodged on the same date, i.e., 30.11.2024 prior to the FIR being lodged against the present applicant and another. The details of the FIR being lodged from the side of the present applicant bears Case Crime No. 149 of 2024 under Sections 191(2), 191(3), 115(2), 117(2), 76, 352, 304(2) at P.S. Mahigawan District Lucknow. 5. Attention has been drawn towards the bail order passed by this Court dated 13.01.2005 in Criminal Misc. Bail Application No 317 of 2025 granting bail application to the co-accused Ashok Giri @ Ashok Pradhan. The case of the present applicant is on better footing than that of co-accused Ashok Giri @ Ashok Pradhan, as the co-accsced Ashok Giri @ Ashok Pradhan is having criminal history of two cases and the present applicant is having no criminal history, therefore, he may be granted bail on the basis of principles of parity. 6. The present applicant is a young of 19 years is a student of Government Polytechnic. The present applicant has got no criminal history and he undertakes that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 7. Learned Additional Government Advocate and the learned counsel for the complainant have, however, opposed the prayer for bail but they have not disputed the aforesaid submission of learned counsel for the applicant. 8. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 7. Learned Additional Government Advocate and the learned counsel for the complainant have, however, opposed the prayer for bail but they have not disputed the aforesaid submission of learned counsel for the applicant. 8. Considering the aforesaid facts and circumstances of the case, perusing the material available on record, arguments advanced by the learned counsel for the parties and without expressing any opinion on merits of the case, I find it a fit case for bail. 9. The bail application is allowed. 10. Let the applicant-Abhay @ Abhi , be released on bail in the aforesaid case crime number on his 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 applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.