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2025 DAILYLAW 109344 (ALL)

RAJKUMAR ALIAS RAJA v. STATE OF U.P.

BAIL/44622/2024 · 2025-02-23

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26198 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44622 of 2024 Applicant :- Rajkumar Alias Raja Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today on behalf of the applicant, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.180 of 2024, registered under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Jansa, District- Varanasi, during pendency of the trial. 4. Learned counsel for the applicant submitted that five cases are shown in the gang chart and on that account provisions of Gangster Act has been invoked against the applicant. He further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been granted bail in all the cases shown in the gang chart and the said bail orders are annexed as Annexure-3, 4, 5, 6 & 7 to the affidavit. The applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 25.09.2024. Further, similarly placed co-accused, Shashibhan Alias Tinku & Shambhu Nath Alias Chhotu, have been granted bail by this Court vide orders dated 24.01.2025 & 31.01.2025 passed in Criminal Misc. Bail Application Nos. 571 of 2025 & 46013 of 2024 and claims parity with the co-accused. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 5. Learned A.G.A. has opposed the bail prayer of the applicant. 6. 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 and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Raj Kumar @ Raja, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail Order Date :- 24.2.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad