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2025 DAILYLAW 109783 (ALL)

RAKESH BAGHEL v. STATE OF U.P.

BAIL/45032/2024 · 2025-07-30

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128699 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45032 of 2024 Applicant :- Rakesh Baghel Opposite Party :- State of U.P. Counsel for Applicant :- Anita Singh,Kumari Poonam Rajpoot,Nirmla Kumari,Prem Babu Verma Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant-accused Rakesh Baghel for the offence punishable under Sections 2/3 of Gangster Act in Case Crime No.151 of 2008, G.S.T. No. 205 of 2009, Police Station- Fatehabad, District Agra. 2. Ms. Anita Singh, learned advocate appeared on behalf of applicant and submits that the matter pertains to jumping of bail, as the accused-applicant being a labour, is working in Delhi and as such was not aware of the pendency of the case. He is languishing in jail since September, 2024. As such, she prays that the accused/applicant be enlarged on bail. 3. Per contra, learned AGA opposed the prayer for bail and submitted that the accused-applicant is a habitual offender and absconder, as such, his application for bail may be rejected. 4. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The perusal of the record prima facie reveals that the matter is of 2008. The accused has already been enlarged on bail by this Court on 26.11.2008. He has jumped the bail and therefore, non-bailable warrant has been issued, on which, the accused has surrendered. The bail application has been rejected due to long jumping of bail. The accused according to learned counsel for the applicant was ignorant about the pendency of the present case. The accused is in jail since September, 2024. 6. Hence, without touching merit of the case, the bail application is allowed. 7. The accused/applicant 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 court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 8. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 31.7.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad