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Neutral Citation No. - 2025:AHC:79546 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13161 of 2025 Applicant :- Raju Alias Istekhar Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Nasir,Saumitra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Saumitra Dwivedi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 177 of 1995, under Section 302 IPC, Police Station- Tharwai, District- Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that present case is of the year 1995 and applicant had already been released on bail in the present matter on 26.09.1995 but after that he could not appear before the trial court as he could not become aware that charge sheet has been filed against him. He further submitted that applicant was having no intention to avoid the Court's proceeding. 4. He further submitted that applicant is in jail in the present matter since 06.08.2024, therefore, considering the facts and circumstances of the case, he should be released on bail. 5. Per contra, learned AGA opposed the prayer for bail and submitted that applicant misused the liberty of bail granted to him and he could only be appeared before the court concerned after almost 30 years, therefore, there is every possibility, if he will release on bail then he will again abscond, therefore, he should not be released on bail. 6. I have heard learned counsel for the parties and perused the record of the case. 7. From the record, it reflects, it is a case of the year 1995 and applicant was released on bail on 26.09.1995 but it reflects, after
released on bail he absconded and did not appear before the trial court and he could only be appeared before the court concerned on 06.08.2024 i.e. after almost 30 years. However, applicant tried to explain his abscondance in the instant bail application but reason of abscondance, prima facie, appears to be vague and false. 8.
Further, considering the fact that applicant remained absent for almost 30 years, the argument advanced by learned AGA that there is every possibility that if he will be released on bail then he will again abscond, cannot be completely ruled out. 9. Therefore, considering the conduct of the applicant and facts of the case, in my view, applicant is not entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected at this stage. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 14.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad