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2025 DAILYLAW 186711 (ALL)

RAJKARAN YADAV v. STATE OF U.P. THRU. PRIN. SECY. MINISTRY OF HOME AFFAIRS LKO.

/3507/2025 · 2025-12-04

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3507 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.46 of 2025, under Section 281, 115(2), 105, 324(2) BNS, P.S. Kotwali Dehat, District Bahraich. 3. In terms of the FIR it was alleged that husband of the informant was driving a truck and the said truck met with an accident with a private bus which was being driven by the applicant because of which an altercation ensued and when the husband of the informant tried to stop the bus, the applicant ran the bus with speed and hit him and pushed him as a result whereof, husband of the informant fell down and died. 4. In the light of the said, submission of learned counsel for the applicant is that prima-facie the intent for prosecution under Section 105 BNS is apparently missing. He argues that in the worst case scenario, it would be a case under Section 105(1) and not under Section 105(2) Part II BNS. 5. Learned AGA has opposed the bail application. 6. Considering the nature of the allegations, prima-facie, intent to commit the offence under Section 105 BNS is apparently missing, as such, the Versus Counsel for Applicant(s) : Sameer Singh, Manoj Kumar Singh, Sakshi Singh Counsel for Opposite Party(s) : G.A. Rajkaran Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Ministry Of Home Affairs Lko. .....Opposite Party(s) applicant who is in custody since 12.02.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Rajkaran Yadav 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 nishant BAIL No. 3507 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench