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2025 DAILYLAW 31304 (ALL)

RAKESH JAISWAL v. STATE OF U.P.

BAIL/9360/2025 · 2025-03-19

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40477 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9360 of 2025 Applicant :- Rakesh Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.96 of 2025, under Sections 406, 420, 467, 468, 471, 120-B I.P.C., P.S. Phase-2, District Gautam Budh Nagar, during pendency of the trial. 4. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The allegation alleged in the F.I.R. is false and baseless. It is a civil nature dispute which has been given colour of criminality. The applicant has no concern with the alleged incident. The applicant has criminal history which is explained in the bail application as well as in supplementary affidavit. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 28.02.2025 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial. 5. On the other hand, learned AGA and counsel for the informant vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant, Rakesh Jaiswal 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (ii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 20.3.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad