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2025 DAILYLAW 191528 (ALL)

RAKESH ALIAS RAJESH v. STATE OF U.P.

BAIL/25939/2025 · 2025-10-15

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25939 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.310 of 2025, under Sections- 109, 118(1), 352 BNS, Police Station-Nawabganj, District-Bareilly, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that in the FIR as well as in the statement of injured, specific role of causing knife injury has been assigned to the co-accused Gauri Shankar Alias Naipali, who has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.34031 of 2025 vide order dated 07.10.2025 and the role of the applicant is catching hold of the injured. Therefore, he has a better case than the co-accused Gauri Shankar Alias Naipali. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 18.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view Versus Counsel for Applicant(s) : Ashish Dwivedi, Vishwanath Pathak Counsel for Opposite Party(s) : G.A. Rakesh Alias Rajesh .....Applicant(s) State of U.P. .....Opposite Party(s) the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant-Rakesh @ Rajesh, 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 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 10. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. October 16, 2025 S.C. BAIL No. 25939 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad