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Neutral Citation No. - 2025:AHC:89904 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14247 of 2025 Applicant :- Rajveer Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 364 of 2024, under Sections 191(2), 191(3), 190, 115(2), 352, 351(2), 103(1) BNS, Police Station- Shahi, District- Bareilly, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR and he has been made accused in the present matter on the basis of statement of some villagers. He further submitted that even injured person of the case did not disclose the name of the applicant. 4. He further submitted that co-accused Aman was named in the FIR and after considering entire facts of the case in detail, he has been enlarged on bail vide order dated 03.03.2025 passed in Criminal Misc. Bail Application No. 7230 of 2025 and on facts case of applicant is at better footing than him. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 19.1.2025. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, it is a case in which three persons sustained injuries
and one person died but neither applicant was named in the FIR nor injured persons in their statements recorded during investigation disclose his name and it reflects, his name was disclosed by some villagers at belated stage. 9. Further, record also suggests that co-accused Aman was named in the FIR and he has already been released on bail by this Court with a detailed order and on facts, case of applicant is on better footing than him. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 19.1.2025. 11.
Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Rajveer, be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. 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 :- 27.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad