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2025 DAILYLAW 6868 (ALL)

RAJ KUMAR v. STATE OF U.P.

BAIL/1140/2025 · 2025-03-19

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40422 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1140 of 2025 Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kirtikar Pande,Mehul Khare,Pragya Pandey,Saurabh Kesarwani Counsel for Opposite Party :- G.A.,Janardan Prasad Tripathi Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 82 of 2024, registered under Sections 109(1), 115(2), 333 BNS, Police Station Jahangirpur, District Bulandshahr, during pendency of the trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant and informant are close relatives. On account of some family dispute, instant FIR has been lodged. During investigation, I.O. recorded statements of witnesses, some of witnesses have not supported the prosecution case. Applicant has no previous criminal history. The applicant is languishing in jail since 06.10.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 4. Sri Tripathi, learned counsel for the informant has vehemently opposed the bail prayer of the applicant and submitted that informant has received grievous injury on head, that is vital part of the body and he is unable to move, as such, applicant has committed henious offence, hence, applicant is not entitled for bail. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant, Raj Kumar, who is involved in the aforesaid 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 the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 20.3.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad