Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36275 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the state. Perused the material available on record. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 05 of 2011, under Sections 396, 201 and 412 I.P.C., Police Station- Baraur, District -Kanpur Dehat, during the pendency of trial. 3. Counsel for the applicant submits that earlier the applicant was granted bail by this Court vide order dated 15.7.2011. Though, the applicant participated in the trial for considerable period, the trial could not conclude and at the same time due to unavoidable reasons the applicant could not appear before the court concerned on the certain dates. Consequently, non- bailable warrant was issued on 07.07.2014. Thereafter, process under Section 82 and 83 of Cr.P.C. was issued. The applicant was apprehended on 23.11.2023 and since then he is in jail. Learned counsel for the applicant on the basis of instructions submits that if the applicant is enlarged on bail, he shall appear regularly before the trial court and shall not leave the station without permission of the court concerned. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant had earlier appeared and contested the proceedings for considerable period, however, the trial could not Versus Counsel for Applicant(s) : Manoj Kumar Yadav, Shalini Yadav Counsel for Opposite Party(s) : G.A. Rajeev Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
conclude and further the applicant has presently remained confined for more than one year and ten months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6.
6. Let the applicant- Rajeev Kumar involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses, and; (iv) shall not leave district without the leave of the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 17, 2025 Manish Kr BAIL No. 36275 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad