Mukesh Kumar Kori @ Mukesh Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko

Neutral Citation No. - 2025:AHC-LKO:42670

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13365 of 2024

Applicant :- Mukesh Kumar Kori @ Mukesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Vishal Kumar Yadav,Chandan Srivastava,Lavkush Yadav,Santosh Kumar Yadav Counsel for Opposite Party :- G.A.,Eshan Kumar Gupta

¶5

Hon'ble Karunesh Singh Pawar,J.

¶6

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

¶7

Learned counsel for the applicant submits that the applicant is not named in the FIR. His name has surfaced in the confessional statement of the co-accused Vikas. The co-accused persons namely, Vikram Yadav @ Vikram Rajbali Yadav, Rajbali Yadav and Indra Kumar Yadav @ Indra Kumar who are named in the FIR, have already been granted bail by a coordinate Bench of this Court. The bail orders are on record as Annexure-RA-1 to the rejoinder affidavit. Hence, the present applicant claims parity.

¶8

It is further submitted that the alleged offences are triable by a Magistrate. In the same transaction, the applicant has criminal history of one case which has been explained in para no. 17 of the bail application. He is languishing in jail since 13.11.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

¶9

Learned A.G.A. has opposed the prayer for bail of the applicant and submitted that the applicant along with the co-accused in lieu of providing a job in ISRO have defrauded the complainant and innocent persons.

¶10

On due consideration to the submissions advanced, perusal of the record, the bail orders of the above named co-accused persons so also the fact that the alleged offences are triable by a Magistrate; the applicant has duly explained the criminal history; he is languishing in jail since 13.11.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity.

¶11

Accordingly, the bail application is allowed .

¶12

Let the applicant- Mukesh Kumar Kori @ Mukesh Kumar involved in Case Crime No. 438 of 2024, under Sections 318(4), 319(2), 338, 336(3), 340(2), 352, 351(3), 316(2), 61(2) of B.N.S., Police Station- Thakurganj, DistrictLucknow, 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 with the following conditions which are being imposed in the interest of justice:-

¶13

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

¶14

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

¶15

(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.

¶16

(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.

¶17

(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 in accordance with law.

¶18

(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S.

¶19

Order Date :- 24.7.2025 Shravan

¶20

Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Mukesh Kumar Kori @ Mukesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

Mukesh Kumar Kori @ Mukesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mohammad Aleem Ahmad Vs State of U.P. Thru Principal Sec. Home

Bhikhna and Another Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Lavlesh Patel Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and 3 Others

Mukesh Kumar Kori @ Mukesh Kumar vs State of U.P. Thru. Prin. Secy. Home Lko

Anil Kumar Soni vs State of U.P. Thru. Its Addl. Chief Secy. Revenue Deptt. Lko. and 4 Others

Awadhesh @ Awadhesh Kumar vs State of U.P. Thru. Secy. Home Deptt. Lko. and Another