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2025 DAILYLAW 157739 (ALL)

DWARIKA RAWAT v. STATE OF U.P. THRU. PRIN. SECY. U.P. LKO.

BAIL/7838/2025 · 2025-08-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49580 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7838 of 2025 Applicant :- Dwarika Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. U.P. Lko. Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anil Kumar Tiwari, learned counsel for the applicant, Sri Satyendra Srivastava, learned Additional Government Advocate 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. 82 of 2025, under Sections 309(6), 317(2) B.N.S., registered at Police Station Mawai, District Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.06.2025 stating that two motorcycle borne miscreants had snatched away two gold lockets from the neck of the informant's wife. The police claimed to have arrested the applicant and another person on the basis of information received from a mukhbir. Rs.3325/- and a gold nose-pin were recovered from him. In the custodial statement the accused persons confessed their involvement in commission of offence. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in eight other criminal cases in two of which he already stands acquitted, in two cases he has been granted bail, in three cases the applicant has been convicted on the basis of his own confession and one case relates to Goonda Act which stands closed after expiry of stipulated period. 5. Co-accused Umesh Kumar Lodhi has been granted bail by means of an order dated 14.08.2025 passed by this Court in Criminal Misc. Bail Application No. 7589 of 2025. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 17.07.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been arrested on the basis of an information received from a mukhbir and besides custodial confessional statement there is no other material to connect the applicant to the offence in question coupled with the fact that the applicant is languishing in jail since 27.06.2025 and the investigation already stands concluded; co-accused Umesh Kumar Lodhi has been granted bail and without making any observation, which may affect the merits of the case, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Dwarika Rawat 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 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, unless his appearance is exempted by the learned trial court. Order Date :- 22.8.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench