Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 180872 (ALL)

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

BAIL/1800/2025 · 2025-11-10

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1800 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. 2. The applicant seeks enlargement on bail in Case Crime No. 322/2024, under Sections 74, 109(1), 70(1), 3(5) of the Bharatiya Nyaya Sanhita, Police Station - Mitauli, District - Lakhimpur Kheri. 3. Learned counsel for the applicant submits that the co-accused who was not assigned the role of causing fire arm injury has already been enlarged on bail by this Court vide order dated 30.10.2025 passed in Criminal Misc. Bail Application No.672 of 2025. Although no allegation of causing the fire arm injury was assigned to the applicant, however, the allegation of rape was levelled against the applicant. Medical report on record also indicates the cause of death as ante-mortem fire arm injury, the material to corroborate the allegation of rape are not corroborated by the medical on record. Therefore, applicant is also entitled to be released on bail. 4. Learned AGA has opposed the bail application. 5. Considering the fact that co-accused was assigned the role of causing fire arm injury and not against the applicant who is in custody since 18.10.2024 having no criminal history, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant- Rajeev be released on bail in aforesaid FIR/Case Crime Versus Counsel for Applicant(s) : Ram Asarey Verma Counsel for Opposite Party(s) : G.A. Rajeev .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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. November 10, 2025 Mohit Singh/- BAIL No. 1800 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench