Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 156943 (ALL)

NARENDRA RAWAT @ TINGU v. STATE OF U.P. THRU. PRIN. SEC. HOME LKO.

BAIL/7451/2025 · 2025-08-11

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:46887 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7451 of 2025 Applicant :- Narendra Rawat @ Tingu Opposite Party :- State Of U.P. Thru. Prin. Sec. Home Lko. Counsel for Applicant :- Roshan Babu Gupta,Vaibhav Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and Shri Riyaz Ahmad, Advocate, who has filed Vakalatnama on behalf of informant. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in F.I.R./Case Crime No. 0170 of 2025, under Sections 191(2), 191(3), 333, 131, 115(2), 117(2), 109, and 324(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sushant Golf City, District Lucknow. It is submitted that this Court has granted bail to co-accused Rajesh alias Pahadi vide order dated 22.07.2025 passed in CRIMINAL MISC. BAIL APPLICATION No.6698 of 2025. The relevant portion of the order dated 22.07.2025 reads as under: "The accused-applicant seeks bail in F.I.R./Case Crime No. 0170 of 2025, under Sections 191(2), 191(3), 333, 131, 115(2), 117(2), 109, and 324(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sushant Golf City, District Lucknow. As per the prosecution case, it is alleged that on 14.03.2025, while the brother of the complainant Rahul Yadav along with his friend was enjoying a Holi party at his home the accused persons along with 10?15 others with an intent to kill Rahul attacked with lathi, danda, and axe, due to which the brother of the complainant sustained grievous injuries. Learned counsel for the applicant submits that although some persons were injured in the incident, neither the injured persons nor the complainant named the applicant. The applicant's name surfaced only after 72 days, upon his arrest on 27.05.2025. It is further submitted that the applicant has been falsely implicated. The named accused persons have already been granted interim protection by a Division Bench of this Court vide order dated 27.03.2025 passed in Criminal Misc. Writ Petition No. 2446 of 2025, Neeraj @ Neeraj Rawat and 5 others vs. State of U.P. and others. The applicant has no criminal history and the charge sheet has already been filed. Learned A.G.A. has opposed the bail prayer and submits that the applicant's name has surfaced in the statement of injured witness Vivek Pratap Singh. I have considered the submissions advanced by learned counsel for the parties and perused the material on record. Considering the interim order dated 27.03.2025 (supra) also the facts that the charge sheet has been filed; the applicant has no criminal history; and he is in jail since 27.5.2025, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail. Let the 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 the court concerned. Accordingly, the bail application is Allowed. Let the applicant Rajesh @ Pahadi be released on bail in aforesaid first information report" Learned A.G.A. for the State of U.P. and Shri Riyaz Ahmad, learned counsel for respondent no.2 vehemently opposed the application but could not dispute that the co-accused has already been enlarged on bail. Taking note of the aforesaid as also the fact of the present case, this Court finds that the case of the applicant is similar to the case of the co-accused Rajesh alias Pahadi as also he has been languishing in jail since 27.05.2025 accordingly, I am of the view that the applicant is entitled to be released on bail. Let applicant- Narendra Rawat @ Tingu, be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail. (2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court. (3) Applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. (4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. (5) The computer generated copy of such order shall be self attested by the counsel of the party concerned. (6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. Order Date :- 11.8.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench