Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20095 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39262 of 2024 Applicant :- Rajeev Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Agnivesh,Jadu Nandan Yadav Counsel for Opposite Party :- Akhilesh Tripathi,G.A.,Vinod Kumar Yadav Hon'ble Ashutosh Srivastava,J. Heard Shri Agnivesh, learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Rajeev Kumar, seeking enlargement on bail in Case Crime No. 334 of 2024, under Sections 126(2), 352, 351(3), 115(2), 109(2), 117(2) 238 of the Bharatiya Nyaya Sanhita, 2023, Police Station Tirwa, District Kannauj.
Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. Learned counsel for the applicant submits that there is civil suit pending between the accused and the first informant and as a result of which the informant has roped the accused along with entire family members in the present case for making pressure upon them. He further submits that only general allegation has been levelled in the FIR and no specific role has been assigned to the applicant. In the aforesaid altercation, persons of both sides have sustained injury. The applicant is languishing in jail since 29.09.2024. The applicant has criminal antecedents of five cases which have been explained in the affidavit. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the aforesaid fact. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction
and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rajeev Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 11.2.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad