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2025 DAILYLAW 14234 (ALL)

RAJ KUMAR v. STATE OF U.P.

BAIL/3544/2025 · 2025-02-19

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25094 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3544 of 2025 Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sayed Sohail Asgar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sayed Sohail Asgar, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.126 of 2024, under Sections 331(4), 305(a), 317(2), 317(4), 317(5) BNS, Police Station Sardhua, District Chitrakoot, during pendency of the trial. 3. Learned counsel for the applicant submits that during investigation applicant has been made accused along with co- accused Sonu Verma and with the detailed order co-accused Sonu Verma has been released on bail by this Court vide order dated 04.10.2024 passed in Criminal Misc. Bail Application No.35628 of 2024 and on merits case of applicant is at par with him. 4. He further submits that apart from the present case, applicant is having criminal history of 3 other cases but his criminal history has been explained in the instant bail application. It is further submitted that except offence under Section 317(4) BNS all the alleged offences are triable by Magistrate with maximum punishment of 7 years and there is no cogent evidence with regard to the offence under Section 317(4) BNS. He next submits that in the present matter, applicant is in jail since 11.12.2024. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the arguments advanced by learned counsel for the applicant and the fact that similarly placed co-accused Sonu Verma has already been released on bail by this Court and criminal history of three cases of the applicant has been explained in the instant bail application and in the present matter, applicant is in jail since 11.12.2024, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant - Raj Kumar 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 20.2.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad