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2025 DAILYLAW 35372 (ALL)

RAJARAM v. STATE OF U.P. AND ANOTHER

NABAIL/2607/2025 · 2025-07-20

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117781 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2607 of 2025 Applicant :- Rajaram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.,Radha Kant Singh Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State, Sri Radha Kant Singh, counsel for the informant/opposite party no. 2 and perused the material on record. 2. This application has been filed seeking anticipatory bail in Complaint Case No. 1509 of 2022 (Pramod Kumar Dhuriya vs. Rajaram and others), under Sections 323, 504, 392 I.P.C., Police Station- Colonelganj, District- Prayagraj. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is the brother-in-law of the opposite party no. 2. Admittedly, a dispute exists between the parties with regard to the property of Late Vinod Kumar (brother of the complainant and brother-in-law of the applicant). No such incident as alleged has occurred. The applicant has not committed any robbery. In the alleged incident, the complainant has not received any injury. The instant prosecution has been instituted only for the purposes of harassment. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that a dispute exists between the parties with regard to the property of Late Vinod Kumar, the fact that in the alleged incident, the complainant has not received any injury, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. 6. In the event of arrest, the applicant Rajaram, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 21.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad