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2025 DAILYLAW 32471 (ALL)

RAJENDRA v. STATE OF U.P.

BAIL/9651/2025 · 2025-04-28

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66359 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9651 of 2025 Applicant :- Rajendra Opposite Party :- State of U.P. Counsel for Applicant :- Anjali Singh Tomer,Inder Pal Singh Tomar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri I.P.S. Tomar, learned counsel for applicant and Sri Bhupendra Pal Singh, learned AGA for State. 2. This is second bail application filed by applicant-Rajendra in Case Crime No. 581 of 2021, under Sections 147, 148, 149, 307, 302, 504, 506 IPC, Police Station Iglas, District Aligarh. Since first bail application of applicant was dismissed as withdrawn, therefore, this application can be considered on merit also. 3. Learned counsel for applicant has raised various arguments, however, this Court is not going into said arguments at this stage since in pursuance of this Court’s order dated 15.04.2025 Senior Medical Officer, District Jail, Aligarh has submitted medical report of applicant dated 21.04.2025 that he is aged about 78 years and is suffering from T2DM with COPD with old CAD with SVT (N) CAG with Polycystic Kidney with BPH-III with HTN with Vertigo and that applicant is required proper treatment. 4. In aforesaid circumstances, only on basis of aforesaid medical report and that he is in jail since08.12.2021, let applicant-Rajendra released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. (v) The applicant has to submit a fresh medical report after every two weeks before Trial Court concerned. 5. The identity, status and residential proof of sureties will be verified by Court concerned and in case of breach of any of the conditions mentioned above, Court concerned will be at liberty to cancel the bail and send the applicant to prison. 6. The bail application is allowed. 7. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 29.4.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad