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Neutral Citation No. - 2025:AHC:61650 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13231 of 2025 Applicant :- Rajaram Alias Satyam Opposite Party :- State of U.P. Counsel for Applicant :- Rohit Nandan Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 362 of 2024, under Sections 191 (2), 191 (3), 109 (1), 126 (2), 352, 125, 324 (4), 3 (5) of B.N.S., Police Station Rura, District Kanpur Dehat. 2. Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case. He was not named in the first information report. His name has come into light on the statement of eye witness Saurabh. It is next submitted that other co-accused Chhotu @ Harshit Yadav and Tuiya @ Suryansh have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 07.04.2025 and 08.04.2025 respectively. It is further submitted that case of the applicant stands on better footing to the case of co-accused Chhotu @ Harshit Yadav and Tuiya @ Suryansh as they were named in the first information report. It is further submitted that role assigned to the present applicant is similar to the co-accused who have already been granted bail by the co-ordinate Bench of this Court. Applicant has criminal history of six cases which has been explained in para-18 of the affidavit filed in support of the bail application. It is next submitted that
after completion of investigation, charge sheet has been filed. Applicant is languishing in jail since 03.03.2025. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5.
It is admitted fact that co-accused persons who were named in the first information report, have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 07.04.2025 and 08.04.202. After completion of investigation charge sheet has been filed. Criminal history of the applicant has been properly explained in para-18 of the affidavit filed in support of the bail application as stated above. No material bring on record to establish that applicant will not co-operate in trial or he may influence the witnesses. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. 6. Taking into consideration all entirety of the matter as discussed above, evidence and material on record, nature of offence and the fact that two other similarly placed co-accused have already been enlarged on bail by the co-ordinate Bench of this Court, without expressing any opinion on the merits of the case, I am inclined to
grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant- Rajaram Alias Satyam, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- 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 evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 23.4.2025/AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad