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2025 DAILYLAW 192774 (ALL)

RAHUL ALIAS RINKU v. STATE OF U.P.

BAIL/20776/2025 · 2025-10-09

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20776 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri V. P. Srivastava, assisted by Sri M. L. Srivastava, learned counsel for the applicant, Sri D. K. Singh, learned counsel for the first informant and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 0059 of 2025, under Sections 351(3), 352, 109, 110, 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 3/25/27 of the Arms Act, Police Station Niwadi, District Ghaziabad. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that nothing incriminating material has been recovered from the possession of the applicant. He submits that there is no independent witness of the alleged incident. He submits that in the present case, investigation is going on and the witnesses of the incident charge-sheet has been filed and the applicant is not required any custodial interrogation. He submits that in the present case the parties have entered into compromise and they do not want to prosecute the matter any further. The applicant is languishing in jail since 23.04.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that therefore, applicant is also Versus Counsel for Applicant(s) : Akash Deep Srivastava, I.P. Singh, Madan Lal Srivastava, Naveen Kumar Yadav, Pooja Thakur Counsel for Opposite Party(s) : Dinesh Kumar Singh, G.A., Ramesh Kumar Pandey, Shyam Shanker Pandey Rahul Alias Rinku .....Applicant(s) State of U.P. .....Opposite Party(s) entitled to be released on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima- facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rahul Alias Rinku, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 10, 2025 pks BAIL No. 20776 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad