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2025 DAILYLAW 86941 (ALL)

RAJU ALIAS RAJVEER v. STATE OF U.P.

BAIL/28368/2025 · 2025-09-09

Krishan Pahal

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28368 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Anil Kumar Srivastava, Advocate holding brief of Sri Harikesh, learned counsel for the applicant, Sri Amit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.151 of 2025, under Sections 333, 74, 109, 352, 351(3) B.N.S. and Section 3/25/27 Arms Act, Police Station- Gajraula, District-Pilibhit, during the pendency of trial. 4. As per the prosecution story, the applicant is alleged to have committed lurking house-trespass in the night of 02.05.2025 at about 11:30 p.m. Applicant is also alleged to have outraged the modesty of the informant's daughter-in-law, and upon objection by the informant, the applicant is stated to have fired at him, causing grievous gunshot injuries. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. There is no bony injury sustained by the injured and the said injury is not on vital part of the body. The said injury can be manufactured, as such, it is a clear cut case of false implication. The FIR is too prompt which indicates foul play. There is no criminal history of the applicant. The applicant is languishing in jail since 11.05.2025 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. Versus Counsel for Applicant(s) : Harikesh Counsel for Opposite Party(s) : G.A. Raju Alias Rajveer .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the injury sustained by the injured is on non-vital party of the body 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. 8. Let the applicant- Raju Alias Rajveer, 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 10, 2025 Karan BAIL No. 28368 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad