Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 181116 (ALL)

RAJEEV @ RAJAN @ CHHOTU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

/8547/2025 · 2025-12-04

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. - 8547 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Diwakar Pratap Pandey, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.49 of 2025, under sections 105, 123 BNS, P.S. Naka Hindola, District Lucknow. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that father of informant had left home on 16.3.2025 and subsequently he could not be contacted and on analysis of CCTV footage father of informant was seen alongwith a person of short stature. It was also revealed by police authorities that a person in unconscious state was sent to hospital on 18.3.2025 wherein he died. It was also stated that father of informant was habitual drinker and an apprehension was expressed that the said person had committed his death. It was also stated that father had a mobile phone. Subsequently from the analysis of CCTV footage a person was seen coming to the deceased and going back and the applicant was linked based upon the analysis of the said CCTV footage and subsequently statement of an auto driver in which he stated that a phone was left by some passenger in his auto and the said person appearing in the video footage was the person who was sitting in the auto and must have forgotten his phone. Thus, the applicant has been linked in the offence in question based upon CCTV footage which is also not clear and the statement of the auto driver wherein phone was found. Cause of Versus Counsel for Applicant(s) : Shailendra Yadav, Imtishal Shah, Shafaq Fatima Counsel for Opposite Party(s) : G.A., Diwakar Pratap Pandey Rajeev @ Rajan @ Chhotu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) death as per post mortem report is ante mortem head injuries. No recovery was effected from the applicant. Prima facie the material to link the applicant to offence in question is missing. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicant who is in jail since 4.4.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Rajeev @ Rajan @ Chhotu be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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. December 4, 2025 J. K. Dinkar BAIL No. 8547 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench