Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:146215 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27262 of 2025 Applicant :- Rajveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Vardhan Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant today is taken on record.
2. Heard Sri Aditya Vardhan Singh, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 133 of 2025, under Sections 103(1), 61(2), 3(5) of BNS, Police Station Jhangirabad, District Bulandshahr, during the pendency of trial.
4. As per prosecution story, the applicant along with co-accused Rahul Singh, Soniya and Yashpratap Singh is stated to have fired indiscriminately on the son of informant in the agricultural fields on 21.03.2025 at about 10:20 a.m.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by nine hours and there is no explanation of the said delay caused.
6. Learned counsel has next stated that the applicant has a strong alibi as he was returning from Vaishno Devi and was not present at the place of occurrence at relevant point of time. The prosecution story has been changed drastically by the informant and the eye witness substantially.
7. Learned counsel has further stated that in the statement of the informant, it has come up that actual assault, who had fired upon the deceased person, were Soniya and Pankaj @ Shivam. The applicant along with Rahul and Yash Pratap had hatched
conspiracy, as such the applicant is entitled for bail.
8. There is no criminal history of the applicant. The applicant is languishing in jail since 29.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
9. Learned A.G.A. has vehemently opposed the bail application.
10. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record and taking into consideration the delay in institution of the FIR and taking into account the changed version in the statements of informant and the eye witness, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
11. Let the applicant- Rajveer Singh, who is involved in aforementioned 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 evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed.
12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 23.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad