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2025 DAILYLAW 57879 (ALL)

RAJ THAKUR v. STATE OF U.P.

BAIL/16413/2025 · 2025-05-14

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80489 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16413 of 2025 Applicant :- Raj Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Anshu Kumar,Suraj Kumar Prajapati Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Ankit Singh, learned Advocate submits, he is also one of the counsel for the applicant but his name is not shown in the cause list. 2. Heard Sri Ankit Singh, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 58 of 2025, under Sections 310(3), 313 B.N.S., Police Station Gajner, District Kanpur Dehat during pendency of the trial. 4. Learned counsel for the applicant submits, on the basis of false allegation, police implicated the applicant in the present matter and only allegation against the applicant is that he involved in preparation of Dacoity along with other accused. 5. He further submits, applicant was not having any previous criminal history but he has been made accused simultaneously in two other cases along with present matter. 6. He further submits, in the present matter he is in jail since 05.03.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicant and the nature of allegation leveled against the applicant and the fact that applicant was not having any previous criminal history and in the present matter he is in jail since 05.03.2025, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant -Raj Thakur 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. 12. 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. 13. 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 :- 15.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad