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2025 DAILYLAW 58346 (ALL)

RAJENDRA SINGH v. STATE OF U.P.

BAIL/17386/2025 · 2025-07-21

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119615 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17386 of 2025 Applicant :- Rajendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Satish Kumar, Advocate holding brief of Sri Pankaj Sharma, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.652 of 2024, under Sections 109, 352, 351(2) B.N.S., Police Station- Gajraula, District- Amroha, during the pendency of trial. 4. As per prosecution story, on the fateful date of the occurrence, the brother of the informant was going on a bicycle and was hit by two unknown persons from behind by a country-made pistol causing gunshot injury to him on 20.9.2024 at about 09:35 p.m. The injured person identified the applicant as one of the person who had come on the motorcycle. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. It is true that injuries sustained by the injured person are grievous in nature, but the applicant has been falsely implicated in this case. 6. Learned counsel for the applicant has further stated that the applicant has not been seen by anybody assaulting the injured person by firearm and even it is not mentioned anywhere that applicant was carrying any firearm weapon. The applicant has been made an accused on the basis of suspicion only. There is previous enmity between the informant and the applicant. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 12.3.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that applicant was not seen causing gunshot injury to the injured person by anybody whatsoever, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Rajendra Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond 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 during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 22.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad