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2025 DAILYLAW 186168 (ALL)

RAJWANTE v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

/11448/2025 · 2025-11-20

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11448 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No.46 of 2022, under sections 452, 323, 325, 504, 506, 427 & 308 IPC, Police Station- Nawabganj, District- Pratapgarh. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He next added that the general role has been assigned to all the accused persons including the present applicant as it is apparent from the first information report. He also submits that even in the statement of the injured no specific role has been assigned to the present applicant. He also added that the applicant has explained the criminal history of two cases in paragraph 23 to the bail application. Charge sheet has been filed, therefore, there is no possibility that he will flee away from the investigation proceedings. He next submits that the applicant is languishing in jail since Versus Counsel for Applicant(s) : Shailendra Pratap Singh Counsel for Opposite Party(s) : G.A. Rajwante .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 16.10.2025. The co-accused Deepak and Shiva have been granted bail by coordinate Bench of this Court. Copies of the bail orders of the said co-accused have been annexed as Annexures 12 and 13 to the bail application. The applicant seeks parity with the bail order of the said co-accused. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is named in the first information report and thus, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the the applicant is languishing in jail since 14.08.2024; there is no criminal history of the applicant coupled with the fact that the the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Accordingly, the application is allowed on the ground of parity. Let the applicant- Rajwante, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; BAIL No. 11448 of 2025 2 (iii) the applicant shall appear on each and every date fixed by the trial court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 20, 2025 Madhu D.R/P.S BAIL No. 11448 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench