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2025 DAILYLAW 86784 (ALL)

RAJENDRA KUMAR MISHRA v. STATE OF U.P.

BAIL/28937/2025 · 2025-09-03

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28937 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Shri Shashank Tripathi, learned counsel for the applicant and Shri S.K.Rai, learned A.G.A. Ist, learned counsel 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-applicant, Rajendra Kumar Mishra, seeking enlargement on bail in Session Trial No. 1263 of 2020 arising out of Case Crime No. 192 of 2020, under Sections 307 I.P.C., Police Station Chaubeypur, District Kanpur Nagar. 3. 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 15.08.2020. Learned counsel for the applicant at the very outset submits that in the present case crime the applicant has already been granted bail by this Court in Criminal Misc. Bail Application No. 21599 of 2025 vide order dated 15.07.2025. He further submits that inadvertently Section 307 IPC was left out in the bail application filed before the trial Court, and when the applicant again moved fresh bail application before the trial Court for bail in the aforesaid Case Crime Number, in Section 307 IPC, the said bail application has been rejected vide order dated 02.08.2025. Learned counsel for the applicant submits that in this case, out of 35 witnesses, 18 witnesses have been examined before the trial court. It is submitted that similarly circumstanced co-accused Jay Kant Bajpai @ Jay, Vishnupal @ Jiledar, and Suresh Verma have already been enlarged on bail by co-ordinate Bench of this Court on 30.06.2025, 30.05.2025 and Versus Counsel for Applicant(s) : Shashank Tripathi Counsel for Opposite Party(s) : G.A. Rajendra Kumar Mishra .....Applicant(s) State of U.P. .....Opposite Party(s) 30.05.2025, passed in Criminal Misc. Bail Application Nos. 18067 of 2025, 18261 of 2025 and 18470 of 2025. He has no criminal antecedent 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. 4. 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. 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-applicant, Rajendra Kumar Mishra, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. ii. The applicant 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 his 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 his bail. 9. Learned trial Court is directed to expedite the trial and to decide the matter expeditiously, from the date of production of certified copy of this order. September 4, 2025 Deepak/ BAIL No. 28937 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad