Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:87382 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42692 of 2024 Applicant :- Rajendra Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Prasad Tripathi,Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.,Pankaj Sharma,Prashant Sharma Hon'ble Sameer Jain,J.
1. Heard Sri Janardan Prasad Tripathi, learned counsel for the applicant; Sri Prashant Sharma, learned counsel for the informant and Sri Pradeep Kumar, learned AGA for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 273 of 2024, under Sections 103(1), 191(2), 190 BNS, Police Station Hathras Junction, District Hathras, during pendency of the trial in the court below.
3. Learned counsel for the applicant submitted that on the basis of general and omnibus allegations applicant has been roped in the present matter alongwith as many as as eight others and out of eight accused, after considering entire facts of the case, five have been released on bail by this Court.
4. He further submitted that co-accused Totaram, Kailashi and Komal have been released on bail by this Court vide orders dated 19.3.2025, 17.5.2025 & 7.5.2025 passed in Crl. Misc. Bail Application Nos. 41631 of 2024, 16801 of 2025 and 15461 of 2025, respectively and on facts, case of applicant is at par with them.
5. He further submitted that earlier also applicant has been made accused in a case under section 307 IPC and that case was also lodged by the informant side but in that case during investigation involvement of the applicant was found false and final report has been submitted.
6. He further submitted that in the present matter, applicant is in jail since 2.8.2024 i.e. for last more than 8 months.
7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the
arguments on facts advanced by learned counsel for the applicant.
8. I have heard learned counsel for the parties and perused the record of the case.
9. Considering the arguments advanced by learned counsel for the parties and the fact that similarly placed co-accused Totaram, Kailashi and Komal have already been released on bail by this Court and criminal history of solitary case of the applicant has been explained in the instant bail application and it appears in that case after investigation, final report has been submitted and in the present matter, applicant is in jail since 2.8.2024 i.e. for last more than 8 months, in my view, applicant is entitled to be released on bail.
10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
11. Let the applicant- Rajendra, be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.
12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 22.5.2025/Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad