Ajay Kumar Singh v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. -12317 of 2025 Court No. -16 HON'BLE BRIJ RAJ SINGH, J. Heard learned counsel for the applicant, Ms. Mamta Pandey, learned A.G.A. for the State and perused the record. Counter affidavit filed by the State is taken on record. The applicant seeks enlargement on bail in FIR No.89 of 2025, under Section 191(2), 103, 123, 61(2)(A) of BNS, Police Station -Rampur Kalan, District Sitapur. It has been submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the case. Learned counsel for applicant further submits that the co-accused namely, Samrendra has been granted bail by this Court on 07.10.2025 in Criminal Misc. Bail Application No. 9528 of 2025 and case of the applicant stands on identical footing, hence, applicant is also entitled for bail on the ground of parity. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 24.11.2025. Learned A.G.A has, however, opposed the prayer for grant of bail but she has not disputed the above contention made by the learned counsel for the applicant. Considering the facts and circumstances of the case, perusing the record Versus Counsel for Applicant(s) : Anil Kumar, Prabhat Kumar Mishra Counsel for Opposite Party(s) : G.A., Arun Kumar Saxena Ajay Kumar Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. .....Opposite Party(s) and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Let applicant-Ajay Kumar Singh be released on bail in the aforesaid F.I.R./case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

(1) 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.

(2) 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.

(3) The applicant will not tamper with the prosecution witnesses.

(4) The applicant will not indulge in any illegal activities during the period of bail.

(5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant. December 17, 2025 Mohit Singh/- BAIL No. 12317 of 2025 (Brij Raj Singh,J.) High Court of Judicature at Allahabad, Lucknow Bench