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Neutral Citation No. - 2025:AHC:83633 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3749 of 2025 Applicant :- Rajeev Kumar Alias Raju Pahalwan Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Counter affidavit filed today on behalf of the State is taken on record. 2. Heard Sri Saurabh Pandey, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 195 of 2024, under Section 108 BNS, Police Station Anpara, District Sonbhadra, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that as per allegation due to some dispute of money, applicant and his brother beaten the deceased and thereafter, he committed suicide but entire allegation levelled against the applicant is totally false. 5. He further submitted that however, entire allegation is false but even if allegations are accepted then also at this stage, it cannot be said that due to abetment of the applicant, deceased committed suicide. 6. He further submitted that however, apart from the present case, applicant is having criminal history of four other cases but all the four cases relate to minor offences. 7. He further submitted that applicant is in jail in the present matter since 15.1.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the nature of allegations levelled against the applicant, argument advanced by learned counsel for the applicant that there is no cogent evidence of abetment against the applicant cannot be ruled out, at this stage. 11. Further, however, applicant is having criminal history of four other cases but all the four cases appear to be relate to minor offences. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14.
Let the applicant-Rajeev Kumar Alias Raju Pahalwan, 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. 15. 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. 16. 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 :- 19.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad