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2025 DAILYLAW 67620 (ALL)

RAJDEEP RAJAWAT v. STATE OF U.P.

BAIL/20790/2025 · 2025-07-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106994 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20790 of 2025 Applicant :- Rajdeep Rajawat Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Shailendra Kumar Tripathi, learned counsel for the applicant, Sri Sunil Kumar Kushwaha, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 516 of 2024, under Sections 126(2), 191(2), 191(3), 190, 309(6), 109 BNS, Police Station- Auraiya, District Auraiya. 3. Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the instant case. He further submitted that on bare perusal of statement of injured, no specific role has been assigned to the applicant. The only allegation against the applicant is that he along with other co- accused abducted the victim Ayush and fired upon him in which victim received fire arm injuries. It is further submitted that the applicant has explained the criminal history of 18 cases in para 2 of the supplementary affidavit. Charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant is languishing in jail since 12.01.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State vehemently opposed the prayer for bail and submitted that a bare perusal of the criminal history of the applicant, he is habitual criminal and kept on committing the crime after releasing on bail. Therefore, he is not entitled to be released on bail. 5. Thus, considering the entire facts and circumstances of the case and perusal of record, it is clear that the applicant was involved in 18 cases which show that these cases were registered under different offences, which includes attempt to murder, extortion and also Gangsters Act. It is clear from the perusal of earlier bail orders, conditions were imposed upon the applicant that he will not involved in any other criminal activities, however, after releasing on bail, he kept involved in serious criminal cases, therefore, he violated the conditions of bail. These facts show that the applicant has misused the liberty of bail. In the present case, there is specific allegation against the applicant for abducting the victim and fired upon him and causing fire arm injuries to the victim Ayush and injury report of victim Auush also substantiated the same. Therefore, this Court is not inclined to grant bail to the applicant at this stage. 6. Accordingly, the bail application is rejected. Order Date :- 8.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad