Deshraj vs State Of U.P. Thru. Addl. Chief Secy. ...

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

This is first bail application filed on behalf of the applicant who is involved in Case Crime No. 587 of 2025, under Sections 318(4), 338, 336(3), 340(2) B.N.S., Police Station P.G.I., District Lucknow.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. He further submits that the applicant is not named in the FIR and his name has surfaced during the course of investigation. The applicant is himself a victim of the offence committed by the land grabbers. It is further submitted that the applicant did not receive even a single rupee. Moreover, the dispute is purely of civil nature.

It is further submitted that the applicant has previous criminal history of three cases which are duly explained in para 6 of the supplementary affidavit and he is in jail since 6.2.2026. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the prosecution witnesses. He undertakes that in case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

Having heard learned counsel for the parties and having perused the material available on record and considering the fact that the applicant is in jail since 6.2.2026; his criminal history has duly been explained and without expressing any opinion on the merits of the case, this Court is of the view that it is a fit case for enlarging the applicant on bail.

Accordingly, the bail application is allowed.

Let the applicant- Deshraj involved in the aforesaid case crime number be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial Court, either personally or through his counsel.

Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.

It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

(Rajeev Bharti,J.)

May 6, 2026

Shravan