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2025 DAILYLAW 131673 (ALL)

RAKESH PRATAP SINGH v. STATE OF U.P. THRU. CHIEF PRIN. SECY. HOME, LKO.

BAIL/2956/2025 · 2025-04-08

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19570 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2956 of 2025 Applicant :- Rakesh Pratap Singh Opposite Party :- State Of U.P. Thru. Chief Prin. Secy. Home, Lko. Counsel for Applicant :- Saurabh Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard the learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record. This bail application has been moved by the accused/applicant- Rakesh Pratap Singh for grant of bail, in Case Crime No. 66 of 2019, under Sections 394, 411, 120-B IPC, relating to Police Station Sarojani Nagar, District Lucknow. Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case. He was not named in the FIR. The incident is alleged to have been happened on 5.2.2019 and after 13 days i.e. on 18.2.2019 the applicant has been said to be allegedly arrested and Rs. 25,000/- has been shown to have been recovered from the applicant. It has been overwhelmingly submitted by learned counsel for the application that recovery of Rs. 25,000/- from the possession of the applicant will not associate him with the crime. The story of the prosecution is that Rs. 25,000/- allegedly recovered from applicant and other money recovered from the applicant has been procured by selling jwellery allegedly looted from the informant. However, there is nothing on record to suggest any attempt made by the police to take the applicant and other accused persons in police custody remand to connect accused persons with the money allegedly recovered from the applicant and co accused persons, by selling ornaments. No details of the persons to whom the jewellery has been sold, has been given in the counter affidavit of the State. It is further submitted that simply the motorcycle of the applicant has been shown in one of the CCTV camera, the print out of which has been placed on record applicant could not be connected with the crime. It is further submitted that on 15.2.2019 the applicant was coming from Lucknow after purchasing some items with regard to the marriage of his cousin sister scheduled to be solemnized on 21.02.2019. It is further submitted that the police has shown the arrest the applicant on 18.2.2019. However, the daily newspapers published on 18.2.2019 contained news items pertaining to the arrest of the applicant, this shows that the police has not come with clean hand. It is further submitted that the accused-applicant is in jail in this matter since 19.2.2019 and there is no previous criminal antecedent of the applicant. There is no likelihood that the accused-applicant after release on bail, may flee from the process of law or will misuse the liberty of bail. Previous criminal history with regard to Arms Act in the same incident has already been explained. Learned A.G.A. has, however, opposed the prayer for bail but could not dispute the factual submissions made by the learned counsel for the accused-applicant. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed. Let the applicant- Rakesh Pratap Singh involved in the aforesaid case be released on bail on furnishing a personal bond of Rs. 2,00,000 with two sureties of his relatives in the like amount to the satisfaction of the court concerned subject to following conditions:- (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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 8.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench