Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50146 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11384 of 2025 Applicant :- Rahul Raikwar Opposite Party :- State of U.P. Counsel for Applicant :- Raj Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 131 of 2024, registered under Sections 309(4), 317(2) BNS, Police Station Bharatkoop, District Chitrakoot, during pendency of the trial.
3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is not named in the FIR. Allegation against the applicant is in regard to snatching of one mobile phone. Alleged recovery is false and baseless and not supported by any independent witness. Applicant claims parity with co-accused, Ram Bihari, who has been granted bail by co-ordinate Bench of this Court vide order dated 17.10.2024. The applicant is languishing in jail since 18.02.2025 having no previous criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
4. Learned A.G.A. has opposed the bail prayer of the applicant.
5. 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 and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant, Rahul Raikwar, who is involved in the aforesaid case crime, 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. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 8.4.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad