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2025 DAILYLAW 32753 (ALL)

RAJVEER v. STATE OF U.P.

BAIL/39882/2020 · 2025-01-10

Saumitra Dayal Singh

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:5790 Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39882 of 2020 Applicant :- Rajveer Opposite Party :- State of U.P. Counsel for Applicant :- Dhyan Shanker Pandey,Shantanu,Vinay Kumar Counsel for Opposite Party :- G.A.,Shivajee Singh Sisodiya Hon'ble Saumitra Dayal Singh,J. 1. List has been revised. None present for the informant. 2. Heard Sri Saurabh Yadav, Advocate holding brief of Shri Shantanu, learned counsel for the applicant and learned A.G.A. for the State as also perused the material placed on record. 3. This is the second bail application. The first bail application was rejected for want of prosecution. 4. Having heard learned counsel for the applicant and learned A.G.A. for the State, at present: (i) against FIR lodged on 22.02.2017, the applicant has remained confined since 01.03.2017 i.e. for almost eight years. (ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; (iii) the applicant has no criminal history ; (iv) though chargesheet has already been submitted, at present 9 witnesses of fact have been examined and 9 more remain. Therefore, the trial would take time to conclude. (v) in any case, 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 delay the trial. 5. Keeping in mind the above noted facts and the principle contained in Saudan Singh vs. State of U.P. in Criminal Appeal No. 308/2022 arising out of SLP (Crl.) No. 4633 of 2021 and in Suleman Vs. The State of Uttar Pradesh (Misc. Application No. 764 of 2022 in Crl. Appeal No. 491 of 2022), respectively, that even in cases where conviction may have arisen a convict may become entitle to bail upon serving the sentence of ten years, at present, the applicant is found entitled to bail, during the pendency of the trial. Without expressing any opinion on the final merits of the case, let the applicant-Rajveer involved in Case Crime No. 86 of 2017, under Sections 302, 323, 504 I.P.C., Police Station Faridpur, District Bareilly, 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, with the following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled. 7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 10.1.2025 SA (S.D. Singh, J.) Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad