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2025 DAILYLAW 50336 (ALL)

RAJESH KUMAR v. STATE OF U.P.

BAIL/14658/2025 · 2025-05-21

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86724 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14658 of 2025 Applicant :- Rajesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Najam Uz Zaman Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Najam Uz Zaman Khan, learned counsel for the applicant and Sri Arimardan Yadav, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Rajesh Kumar, seeking enlargement on bail in Case Crime No. 27 of 2025, under Sections 191 (2), 191 (3), 190, 121 (2), 132, 125, 324 (5), 326 (g), 61 (2) (B), 109 (1) BNS and 3/4 Prevention of Damage to Public Property Act & 7 Criminal Law Amendment Act, Police Station Roravar, District Aligarh. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 30.01.2025. Learned counsel for the applicant submits that the the applicant is named in the FIR. It is submitted that the incident took place on 28.01.2025 at 19:00 hours and its first information report was lodged on 29.01.2025 at 3:40 hours without giving any explanation for delay in lodging the FIR. The inured persons have been medically examined on 28.01.2025 and 31.01.2025 with the collusion of doctors the injuries caused by hard and blunt object KUO and advise for X-ray, but till date there is no supplementary report of any inured person has been prepared. In fact no such incident has been taken place on the said date time and place and the applicant is not concerned with the alleged incident. There is no specific role has been assigned to the applicant. Co-accused namely Pratham Kumar @ Bhoora, has been granted bail by this Court in Criminal Misc. Bail Application No. 11291 of 2025, vide order dated 18.04.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Rajesh Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 22.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad