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2025 DAILYLAW 102663 (ALL)

RAJNEESH v. STATE OF U.P.

BAIL/33910/2025 · 2025-10-06

Arun Kumar Singh Deshwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33910 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Harsh Kr. Srivastava, learned counsel for the applicant, Sri Sushil Kumar, learned counsel for the first informant and Sri Roshan Kumar, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 52 of 2025, under Section 115(2), 351(2), 352, 109 B.N.S., P.S. Chandpur, District Fatehpur. 3. Contention of learned counsel for the applicant is that as per the statement of injured the allegation of causing incised wound by axe has been made against co-accused Devideen and role assigned to the applicant is that he along with co-accused Usha Devi beat the injured Narendra with lathi dand but the injury report shows that there is only one injury caused by a hard and blunt object which is simple and on non vital part, therefore, the applicant has been falsely implicated. It is further submitted that co-accused Usha Devi, having similar role has already been released on bail by the coordinate Bench of this Court in Bail Application No. 26815 of 2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity with co-accused Usha Devi. The applicant has no criminal history and he is languishing in jail since 26.8.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. as well as learned counsel for the first informant submit that the applicant as well as co-accused beat the injured, therefore, he is not entitled to be released on bail. However, they could not Versus Counsel for Applicant(s) : Harsh Kumar Srivastava Counsel for Opposite Party(s) : G.A., Sushil Kumar Rajneesh .....Applicant(s) State of U.P. .....Opposite Party(s) dispute the parity of the applicant with co-accused Usha Devi. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity with co-accused Usha Devi. 6. Let the applicant- Rajneesh, involved in the aforementioned crime 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:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 7, 2025 Vandana BAIL No. 33910 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad