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2025 DAILYLAW 10855 (ALL)

RAKESH KUMAR PAL AND 2 OTHERS v. STATE OF U.P.

BAIL/2530/2025 · 2025-02-26

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27562 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2530 of 2025 Applicant :- Rakesh Kumar Pal And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Pandey,Ravindra Kumar,Shardendu Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Rajeev Kumar Pandey and Sri Shardendu Mishra, learned counsel for the applicants, Sri Ashish Mehrotra, learned brief holder appearing on behalf of the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Rakesh Kumar Pal, Dinesh Kumar and Mukesh, seeking enlargement on bail in Case Crime No.687 of 2024, under Sections 115(2), 352, 109, 351(2) of BNS, Police Station- Handia, District- Allahabad. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 10.12.2024. Learned counsel for the applicants submits that general allegation has been levelled against the applicants. Injuries sustained by the injured are simple in nature. The applicants have no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above 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-applicants, Rakesh Kumar Pal, Dinesh Kumar and Mukesh, involved in above mentioned case crime number be released on bail, on their executing 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance are 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 their bail. Order Date :- 27.2.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad