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2025 DAILYLAW 74267 (ALL)

RISHI AND ANOTHER v. STATE OF U.P.

BAIL/25415/2025 · 2025-07-23

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122074 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25415 of 2025 Applicant :- Rishi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajnish Kumar,Sanjeev Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that the applicants are innocent and the have been falsely implicated in the present case. Learned counsel further submits that the applicants were not named in the F.I.R. and their name surfaced in the Majeed Bayaan of the informant. He further submits that the injuries sustained by the injured are simple in nature . Learned counsel further argued that the applicants have been falsely roped in the present case due to village parti bandi. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that applicants are languishing in jail since 13.05.2025. 3. Learned AGA has vehemently opposed the bail application and submits that in case the applicants are released on bail they will misuse the liberty of bail, however, could not dispute the submission of learned counsel for the applicants with regard to parity. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicants Rishi and Himanshu Diwakar be released on bail in Case Crime No. 499 of 2024 under Sections 115(2), 308(5), 333, 352, B.N.S. Police Station Shikohabad, District Firozabad, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appear on the date fixed by the trial court. iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission. v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 24.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad