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Neutral Citation No. - 2025:AHC:145929 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26366 of 2025 Applicant :- Rakesh Singh Alias Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Diwakar Tiwari,Gyanendra Singh Counsel for Opposite Party :- G.A.,P.K. Rao,Santosh Kumar Rao Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 161 of 2024, under Sections 191(2), 103(1)/190, 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Pailani, District Banda.
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 09.07.2025.
Learned counsel for the applicant submits that co-accused persons namely Anil Singh @ Kaju Singh, Chunubad Singh, Ashu Singh, Raju Singh, Pappu Singh have already been released on bail by the co-ordinate Bench of this Court. Orders of the same have been annexed as Annexure No. 12 of the bail application. Raju Singh is the main accused in the alleged incident and he has also been released on bail, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co- accused. The applicant has criminal history of only one case, which is explained in para no. 33 of the bail application, in which applicant is on bail vide order dated 01.06.2023 passed by court below 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Rakesh Singh @ Kallu, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. 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. 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 :- 23.8.2025 Vibha Singh Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad