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2025 DAILYLAW 107592 (ALL)

RAJBAHADUR v. STATE OF U.P. AND 3 OTHERS

BAIL/43590/2024 · 2025-01-10

Saumitra Dayal Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:5893 Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43590 of 2024 Applicant :- Rajbahadur Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jitendra Prasad Mishra,Prakhar Kumar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J. 1. Heard Sri Jitendra Prasad Mishra, learned counsel for the applicant and Shri S.K. Srivastava, learned AGA for the State as also perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant - Rajbahadur , with a prayer to release him on bail in Case Crime No. - 271 of 2020, under Sections - 363, 376(2)(i) I.P.C. and Section 6 POCSO Act, Police Station - Girwan, District - Banda, during pendency of trial. 3. At the outset, it has been stated that co-accused Amit Kumar Yadav has already been enlarged on bail by this Court vide order dated 20.12.2021. Referring to that order, it has been emphasised that though the applicant was also not named in the FIR, his name surfaced in the statement of the prosecutrix recorded under Section 164 Cr.P.C. The applicant cooperated in the investigation. Charge sheet was submitted only against co- accused Amit Kumar Yadav. However, at the trial arising from the statement of the prosecutrix, the applicant has been summoned under Section 319 Cr.P.C. In such circumstances, he has remained confined since 10.10.2024. As to the criminal history, there is none. 4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant-Rajbahadur involved in the aforesaid 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 tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial. (ii) The applicant shall cooperate in the trial 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. 5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled. 6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 10.1.2025 SA (S.D. Singh, J.) Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad