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2025 DAILYLAW 164124 (ALL)

RAKHAPAL @ RAKSHAPAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/10865/2024 · 2025-03-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14039 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10865 of 2024 Applicant :- Rakhapal @ Rakshapal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anita,Aditya Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Aditya Kumar, learned counsel for the applicant, Sri Ashok Kumar Singh, learned A.G.A. 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. 353 of 2020, under Sections 302, 120-B, 419, 420, 467, 468 I.P.C., registered at Police Station Tandiyawan, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.09.2020 stating that one Baba (Saint) aged about 70 years was found dead in his aashram. 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. 5. The learned trial court examined five prosecution witnesses, copies whereof have been brought on record along with a supplementary affidavit which shows that all the prosecution witnesses have been declared to be hostile. The applicant is languishing in jail since 02.09.2020. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that all the prosecution witnesses have turned hostile 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-Rakhapal @ Rakshapal 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. (Subhash Vidyarthi, J.) Order Date :- 7.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench