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2025 DAILYLAW 8235 (ALL)

RAJKUMAR v. STATE OF U.P.

BAIL/1426/2025 · 2025-03-16

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37225 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1426 of 2025 Applicant :- Rajkumar Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Verma,Mahesh Sharma Counsel for Opposite Party :- G.A.,Vinod Singh Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 484 of 2024, registered under Sections 191(2), 333, 109, 115(2), 352, 351(2), 76, 131, 191(3) B.N.S., Police Station Jahangirabad, District- Bulandshahr, during pendency of the trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He next submitted that alleged incident occurred on account of property dispute. Both the parties have lodged first information reports against each other and received injuries. On perusal of statement of witnesses, no specific role has been assigned to the applicant. Applicant has no criminal history to his credit. Applicant is languishing in jail since 03.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 4. Per contra, learned A.G.A. and learned counsel for the informant have vehemently opposed the bail prayer of the applicant and submitted that applicant has also lodged first information report but no person has received injury from his side and allegation made in applicant's F.I.R., is not supported by any independent witness. Further, only to counter the present F.I.R., applicant has lodged cross F.I.R. Hence, applicant should not be released on bail. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant- Rajkumar, who is involved in the aforesaid 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 prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 17.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad