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2025 DAILYLAW 81135 (ALL)

RAJAN RATHI @ RAJAN SINGH PARIHAR v. STATE OF U.P.

BAIL/26404/2025 · 2025-09-18

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26404 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Counter affidavit filed today is taken on record. 3. Heard Sri Shakti Shanker Tiwari, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.353 of 2025, under Sections 109, 345(3) B.N.S. and Section 3/25/27 Arms Act, Police Station-Bisrakh, District-Gautam Budh Nagar, during the pendency of trial. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. It is a police party firing no injury case rather it was the applicant who has sustained injury in the cross-fire by the police. There is no criminal history of the applicant except for the case which has been lodged subsequently to the instant case. The applicant is languishing in jail since 19.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application Versus Counsel for Applicant(s) : Devbrat Dwivedi, Shakti Shanker Tiwari, Subhash Chandra Tiwari Counsel for Opposite Party(s) : G.A. Rajan Rathi @ Rajan Singh Parihar .....Applicant(s) State of U.P. .....Opposite Party(s) is allowed. 8. Let the applicant-Rajan Rathi @ Rajan Singh Parihar, 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 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. September 19, 2025 Karan BAIL No. 26404 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad