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2025 DAILYLAW 176226 (ALL)

RAJEEV SRIVASTAVA @ RAJU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/10777/2024 · 2025-10-29

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10777 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.463 of 2024, under Sections 103(1), 61(2), 3(5) of BNS, Police Station Kotwali, District Unnao. 3. In terms of the FIR, it was alleged that on 13.07.2024 at about 9:00 PM (night), the brother of the informant was taken by all the accused to their home and subsequently, it was informed that he has died. The body was lying in the hospital and several injuries were found on the body of the deceased. 4. In the light of the said allegations, the Counsel for the applicant argues that general role was assigned to all the accused persons in the FIR and in the statement of the co-accused, the name of the applicant was surfaced. The statement is on record which indicates that on account of intoxication, an altercation that has ensued and the deceased was pushed as a result whereof, he fell down on a cooler and sustained injury. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the nature of evidence which does not indicate mens rea; the applicant does not have any criminal antecedents and is in custody Versus Counsel for Applicant(s) : O.P. Tiwari, Gaurav Mishra, Shailendra Misra, Smriti, Tripti Pandey Counsel for Opposite Party(s) : G.A., Ankit Tiwari, Shailender Singh Rajeev Srivastava @ Raju .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) since 29.08.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Rajeev Srivastava @ Raju be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. October 29, 2025 akverma BAIL No. 10777 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench