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2025 DAILYLAW 165138 (ALL)

Raju v. STATE OF U.P. THRU PRIN.SECY. HOME LUCKNOW

BAIL/8841/2025 · 2025-09-22

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8841 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ashok Kumar Singh, learned counsel for the applicant, Shri Abhay Kumar Singh, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.494 of 2025 under Sections 309(6), 317(2), 61(2)(a) of B.N.S. registered at Police Station- Dhaurahara, District- Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.07.2025 against an unknown person stating that four persons riding on two motorcycles had robbed the complainant and one of those persons had assaulted him with a knife causing injury in his right palm. 4. The police claimed to have arrested three persons and to have recovered 72,600/- from them and it is alleged that one person named Raju escaped. Rs.12,000/- were recovered from the applicant. 5. In the custodial statement of the co-accused persons, they stated that several other accused persons, including the applicant, had told that Amit Kumar Shukla (the complainant) runs a customer service centre of a bank and he commutes daily carrying Rs.3,00,000/-4,00,000/- Lakhs. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. Three co-accused persons, namely, Amit Singh, Deepak Kumar Tiwari and Amit Trivedi have already been granted bail in the present case by means of an order dated 03.09.2025 passed by this court in Crl. Misc. Bail Application Nos.8389 of 2025, 8237 of 2025 and 8251 of 2025. 8. Learned A.G.A. has vehemently opposed the bail application and he has submitted that Rs.12,000/- have been recovered from the applicant and after his complicity in commission of the offence allegations have been established Versus Counsel for Applicant(s) : Ashok Kumar, Chandra Prakash Counsel for Opposite Party(s) : G.A. Raju .....Applicant(s) State Of U.P. Thru Prin.Secy. Home Lucknow .....Opposite Party(s) and a charge-sheet has been submitted on 15.08.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated solely on the basis of custodial statement of the accused persons who merely stated that the applicant was involved with some other persons in giving information about the victim and no one has stated that the applicant was involved in commission of the offence and that the applicant is languishing in jail since 22.07.2025 whereas the investigation stands concluded and three co-accused persons have already been released on bail in the present 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 case. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Raju 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 22, 2025 -Amit K- BAIL No. 8841 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench