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2025 DAILYLAW 23371 (ALL)

RAJEEV PANDIT ALIAS RAJEEV SHARMA v. STATE OF U.P.

BAIL/7077/2025 · 2025-05-18

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83325 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7077 of 2025 Applicant :- Rajeev Pandit Alias Rajeev Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Vardhan Singh,Nikil Pathak,Pushpendra Singh,Sunil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Pushpendra Singh, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Rajeev Pandit @ Rajeev Sharma, seeking enlargement on bail in Case Crime No. 74 of 2025, under Sections 109 (1), 352, 351 (2) of the Bharatiya Nyaya Sanhita, 2023, under Section 7 Criminal Law Amendment Act, Police Station Sikandrabad, District Bulandshahar. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 25.1.2025. Learned counsel for the applicant submits that it is a no injury case. There is no independent witness of the alleged occurrence. General role of firing has been assigned to the accused persons. He has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Co-accused Parvendra @ Pannu and Rohit Chaudhary, have been granted bail by this Court in Criminal Misc. Bail Application No. 9797 of 2025, vide order dated 01.04.2025. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above 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, Rajeev Pandit @ Rajeev Sharma, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants 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 their bail. Order Date :- 19.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad