Kamlesh Kumar Alias Kamlesh Fighter Vs State of U.P.

Neutral Citation No. - 2025:AHC:139405

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27222 of 2025

Applicant :- Kamlesh Kumar Alias Kamlesh Fighter Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

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Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The F.I.R. was lodged against the applicant and four-five unknown persons with the allegation that applicant and other accused threatened the informant for demanding extortion of two lakh rupees and in failure he will publish false and fake news against him. Learned counsel further submits that false and fabricated story has been set up against the applicant. There is no eye witness of the alleged incident. The F.I.R. was lodged after six months of the alleged incident. Nothing incriminating has recovered from the possession of applicant. In similar case crime the applicant has already been enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that there are 23 cases against the applicant, in several cases he is on bail and in some cases either final report has been submitted or the applicant has been acquitted. The applicant is languishing in jail since 02.09.2024.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the submissions made by learned counsel for the applicant.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

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Let the applicant- Kamlesh Kumar Alias Kamlesh Fighter , be enlarged on bail in Case Crime No. 120 of 2024, under Sections 147, 323, 506, 386, 420, 120-B I.P.C., Police Station- Swaroop Nagar, District- Kanpur Nagar, on executing a personal bond and furnishing

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two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.

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Order Date :- 14.8.2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Kamlesh Kumar Alias Kamlesh Fighter v. State of U.P.

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