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2025 DAILYLAW 87425 (ALL)

RAGHVENDRA @ BARRI v. STATE OF U.P.

BAIL/29040/2025 · 2025-08-22

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145978 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29040 of 2025 Applicant :- Raghvendra @ Barri Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Shukla,Tiwari Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The prosecution story in brief is that the informant runs Gas Agency of Indian Oil. In the morning of 24.02.2025 when his nephew went to open the shop, he found that the safe lock of the shop was broken and Rs. 9,43,420/- has been theft. 3. Learned counsel for the applicant submits that the incident is alleged to have taken place on 23.02.2025, whereas the F.I.R., has been lodged on 24.02.2025 against unknown person. Learned counsel further argued that the police has shown the arrest of the applicant on 17.06.2025 when in fact, the applicant was taken in custody by the S.P.G.O. on 11.06.2025 at about 04:35P.M. with regard to same, a complaint was made by the father of the applicant on the portal of Chief Minister as well as before the Superintendent of Police, Auraiya. He further submits that after a lapse of about five months, a false recovery of R s. 2,50,000/- has been shown from the possession of the applicant when in fact no such recovery as alleged has been made either on the pointing or from the possession of the applicant. Learned counsel furthr argued that the alleged recovery is not supported by any independent witness. Learned counsel next argued that the applicant has not be identified in the C.C.T.V.footage and therefore, the applicant has been falsely implicated in the present case by the police only to show their good work. It is thus contended that the applicant is entitled for bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 18.06.2025. 4. Learned AGA has vehemently opposed the bail application and submits that in case the applicant is released on bail he will misuse the liberty of bail. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant Raghvendra @ Barri, be released on bail in Case Crime No.52 of 2025 under Sections 305(A), 317(2), 331(4) of B.N.S. Police Station Kotwali Jalaun, District Jalaun, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 23.8.2025/S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad