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2025 DAILYLAW 77135 (ALL)

RAJKUMAR AND ANOTHER v. STATE OF U.P.

BAIL/25071/2025 · 2025-08-05

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133770 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25071 of 2025 Applicant :- Rajkumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Phool Singh Yadav,Vaibhav Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicants, Shri Manoj Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Raj Kumar and Shiv Kumar seeking enlargement on bail in Case Crime No. 18 of 2024, under Sections 302, 120B IPC, Police Station- Jahanabad, District- Fatehpur. 3. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and is languishing in jail since 16.02.2024. It is submitted that name of the applicant has not taken by the informant even when he had knowledge. It is next submitted that similarly placed co-accused, Nirmala Devi has already been enlarged on bail of by coordinate Bench of this Court by order dated 06.12.2024 passed in Criminal Misc. Bail Application No. 43962 of 2024. He further submitted that since the role of the applicants are identical to that of co-accused, Nirmala Devi, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. They have no criminal antecedent and there is no likelihood of their 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicants, Rajkumar and Shiv Kumar involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. ii. The applicants will not indulge in any criminal activity. iii. The applicants 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 their 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 their bail. Order Date :- 6.8.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad