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2025 DAILYLAW 75905 (ALL)

RAJESH v. STATE OF U.P.

BAIL/24790/2025 · 2025-09-17

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24790 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard learned counsel for the applicant, Shri Puneet Kumar Singh, learned counse for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C., has been moved on behalf of accused-applicant, Rajesh, seeking enlargement on bail in Case Crime No. 96 of 2024, under Section 103 (1) BNS, Police Station Nagla Singhi, District Firozabad. 3. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 30.07.2024. Learned counsel for the applicant submits that prosecution all the witnesses, PW1, PW2, PW3 and P.W.4 during their examination before the Trial Court have been declared hostile. They have also been cross examined by the learned DGC, but they failed to support the case of prosecution. 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. 4. Learned AGA has vehemently opposed the prayer for bail. 5. 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. Versus Counsel for Applicant(s) : Agnivesh, Jadu Nandan Yadav Counsel for Opposite Party(s) : G.A. Rajesh .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Rajesh, 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. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 18, 2025 v.k.updh. BAIL No. 24790 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad