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2025 DAILYLAW 182351 (ALL)

RAJESH v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO

BAIL/13126/2024 · 2025-11-07

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 13126 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary Affidavit filed in court is taken on record. 2. Heard learned counsel for the applicant, learned AGA and perused the record. 3. This is second bail application of the accused-applicant seeking bail in FIR/Case Crime No.0528 of 2022 under section 498-A, 304 IPC, and section 3/4 DP Act, P.S. Kheri, District Lakhimpur Kheri. The first bail application of the accused applicant was rejected on 26.07.2024. 4. While arguing the second bail application, the counsel for the applicant argues that seven witnesses have already been examined, which is also fortified from the report send by the trial court. 5. Supplementary Affidavit was filed to argue that dying declaration is not even available on record. 6. In view of the fact that dying declaration is not on record and the seven fact witnesses have already been examined, the applicant who is in custody since 02.11.2022 is entitled for the bail. Thus the bail application is allowed. 7. Let the applicant Rajesh be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of Versus Counsel for Applicant(s) : Sumit Chauhan, Dheerendra Kr. Agnihotri Counsel for Opposite Party(s) : G.A. Rajesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko .....Opposite Party(s) 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. November 7, 2025 VNP/- BAIL No. 13126 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench