Pulli @ Puttilal Vs State of U.P. Thru. Prin. Secy. Home Lko

Neutral Citation No. - 2025:AHC-LKO:41632

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11798 of 2024

Applicant :- Pulli @ Puttilal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Surya Narayan Mishra Counsel for Opposite Party :- G.A.,Anand Kumar Srivastava

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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This is the second bail application has been filed by accusedapplicant seeking bail in Case Crime No.101 of 2024, under Sections 323, 324, 307, 308, 452, 504, 506 I.P.C., P.S. Kaudiya, District Gonda. The first bail application of the applicant bearing Bail No.7837 of 2024 was dismissed by this court vide order dated 23.07.2024, the operative part of the order is extracted below:-

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"Accordingly, the bail application of the applicant Pulli @ Puttilal involved in Case Crime No. 101/2024, under Sections 323/324/307/308/452/504 IPC, Police Station - Kaudiya, District - Gonda is hereby rejected.

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Trial court is directed to record the statement of the injured witness expeditiously.

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Learned counsel for the applicant may revive his bail plea after recording the statement of the injured witnesses.

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Office is directed to send copy of this order to the learned trial court."

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Learned counsel for applicant submits that applicant was falsely implicated in this case. The statement of injured witnesses has been examined. At the very outset, he has denied the prosecution story. The statement of the P.W.1/injured witness is

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on record along with the supplementary affidavit, Annexure No.1. He submits that the applicant is in jail since 17.06.2024 however, he has no criminal history.

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Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer and do not dispute the fact that injured witnesses has been examined before the trial court and he has turned hostile.

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Perused the record.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 17.06.2024, period of incarceration gone into by the applicant, injured witness has been examined who has not supported the prosecution case, applicant has no criminal history and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Pulli @ Puttilal be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) 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.

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(v) 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 Panel Code (now Section 269 of BNS).

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(vi) 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. (now Section 84 BNSS) is issued and the applicant fails 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 Panel Code (now Section 209 BNS).

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Order Date :- 21.7.2025

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Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Pulli @ Puttilal v. State of U.P. Thru. Prin. Secy. Home Lko

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Pulli @ Puttilal v. State of U.P. Thru. Prin. Secy. Home Lko

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