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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41414 of 2025 Court No. - 70 HON'BLE HARVIR SINGH, J.
1. Supplementary affidavit 25.1.2026 filed today by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the accused-applicant, learned A.G.A. for the State and perused the material available on record. 3. This bail application has been moved on behalf of the accused-applicant/ Rakesh Kori, for grant of bail, in Case Crime No. 0512 of 2014, under Section 307 I.P.C and Police Station Bilsi, District Badaun, during pendency of trial. 4. Learned counsel for accused-applicant, while pressing the bail application, submits that, the accused-applicant has been falsely implicated in the instant case and has not committed any offence, as alleged by the prosecution. It is further submitted by learned counsel for the applicant that, in the instant case, the charge was framed on 4.2.2016, however, the case of the accused- applicant was separated during the course of trial, as the accused-applicant absconded and failed to attend the Court's proceedings and thereafter, appropriate proceedings under Criminal Procedure Code, 1973, such as, Section 82/83 of Criminal Procedure Code were initiated against the accused-applicant and thereafter, the trial could not proceed till date and about more than 10 years have elapsed. Learned counsel for the applicant further submits that, the case is still at the stage of beginning of examination of witnesses and not a single prosecution witness could be examined till date, as far as the case of accused-applicant is concerned, however, the case of other co-accused person was separated and another co-accused, namely, Versus Counsel for Applicant(s) : Sunil Kumar Tiwari Counsel for Opposite Party(s) : G.A. Rakesh Kori .....Applicant(s) State of U.P. .....Opposite Party(s)
Arif has been convicted in the said case crime. Learned counsel for the applicant further submits that, the accused-applicant is languishing in jail in this matter since 27.8.2025 and there is no likelihood that the accused- applicant, after release on bail, may flee from the process of law or will misuse the liberty of bail, therefore, the applicant is entitled to be enlarged on bail. 5.
Learned A.G.A. for the State vehemently opposes the prayer of bail of the applicant on the ground that applicant is having a criminal history of 9 cases, which was not disclosed in the instant bail application, however, later it is placed on record by way of some supplementary affidavit, after being pointed out by the prosecution and having regard to the manner, in which the crime has been committed, the applicant is not entitled to be released on bail. 6. Having considered the rival contentions of the parties and the evidence available on record against the applicant and his complicity in the crime, however, without taking into consideration his criminal history of 9 cases, I do not find any good ground to release the applicant on bail, owing to his conduct. Hence, the bail application moved on behalf of applicant - Rakesh Kori is hereby rejected, as he has been absconding for last 9 years, and the trial could not go beyond the framing of charge. 7. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. April 2, 2026 Gurpreet Singh BAIL No. 41414 of 2025 2 (Harvir Singh,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad