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2025 DAILYLAW 66776 (ALL)

RAGHUVEER v. STATE OF U.P.

BAIL/20124/2025 · 2025-07-06

Ashutosh Srivastava

body2025

Judgment text

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Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20124 of 2025 Applicant :- Raghuveer Opposite Party :- State of U.P. Counsel for Applicant :- Krishnendu,Ved Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard Sri Ved Prakash Pandey, learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State and perused the record. 3. The instant bail application at the instance of the applicant Raghuveer S/o Baburam under Section 483 BNSS, 2023 has been filed seeking enlargement on bail in Case Crime No. 91 of 2025, under Section 126 (2), 140 (1), 109 (1), 111 (2), 143 BNS and Section 9, 11, 27 and 51 Wild Animal Protection Act as well as Section 67A Information Technology Act, P.S. Dhanari, District Sambhal, during the pendency of the trial before the court below. The bail application of the applicant before the court below was rejected by the learned Additional District & Sessions Judge, Chandausi, District Sambha, vide order dated 19.05.2025 and the applicant is languishing in jail since 28.03.2025. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. It is submitted that first information report has been lodged by the informant on 21.03.2025 alleging that on 11.03.2025 at about 6:00 a.m. when the informant was sleeping in his agricultural field, the named accused persons and some unknown persons has kidnapped him and committed misbehaved and marpeet with him. It is submitted that the applicant is not named in the FIR. The applicant is Deputy Station Master in Yamuna Bridge Station and when he returned back from his house and in the way police has arrested the applicant and falsely implicated in the present case and up to 18.03.2025 to 28.03.2025. It is further submitted that on similar footing the co-accused, D.N. Tripathi, Bablu @ Sunil Thakur and Ramji Lal @ Pappu have already been enlarged on bail by coordinate Bench of this Court by order dated 16.05.2025, 07.05.2025, and 17.05.2025 passed in Criminal Misc. Bail Application Nos. 14426 of 2025, 15258 of 2025 and 15820 of 2025, copy of the bail orders has been annexed in Annexure-4 of the affidavit. He further submitted that since the role of the applicant is identical to that of co-accused, D.N. Tripathi, Bablu @ Sunil thakur and Ramji Lal @ Pappu, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 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. 5. Learned AGA has vehemently opposed the prayer for bail. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Raghuveer 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 7.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad