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2025 DAILYLAW 149075 (ALL)

ARJUN RAWAT v. STATE OF U.P. THRU. PRIN. SECY., DEPTT. OF HOME, LKO.

BAIL/6160/2025 · 2025-09-04

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6160 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Rakesh Kumar, learned counsel for the applicant, Smt. Shikha Sinha, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.193 of 2025, under Sections 309(4), 317(2), 61(2) of B.N.S. registered at Police Station Gosaiganj, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.04.2025 stating that two motorcycles borne miscreants had snatched away a gold ear top of the informant's mother. 4. The police claims to have arrested the applicant and co-accused Udai Raj on the basis of an information received by a mukhbir and in their custodial statement, they confessed their involvement in commission of the present offence. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 5. The other co-accused Udai Raj who has been arrested with the applicant has already been granted bail by means of an order dated 30.05.2025 passed by the Sessions Judge, PC Act, CBI, Court No.3, Lucknow. 6. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in 12 other cases, in two of which the applicant Versus Counsel for Applicant(s) : Rakesh Kumar, Anuj Pratap Singh, Vishal Pandey Counsel for Opposite Party(s) : G.A. Arjun Rawat .....Applicant(s) State Of U.P. Thru. Prin. Secy., Deptt. Of Home, Lko. .....Opposite Party(s) has been granted bail and it has been stated that rest of the cases are not related to the applicant. 7. Learned A.G.A.-I has opposed the anticipatory bail applicant and she has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 23.05.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that besides custodial confessional statement there is no other material against the applicant and that the co-accused persons has been granted bail by the Sessions court whereas the applicant is languishing in jail since 02.05.2025 and the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant - Arjun Rawat be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. September 4, 2025 S. Shivhare BAIL No. 6160 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench