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2025 DAILYLAW 9063 (ALL)

RAJ KUMAR AGARWAL v. STATE OF U.P.

BAIL/1979/2025 · 2025-04-29

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67817 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1979 of 2025 Applicant :- Raj Kumar Agarwal Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar,Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. Heard Sri Ashwini Kumar, learned counsel for the applicant, Sri Brijendra Kumar, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 135 of 2024, under Sections 318(4), 338, 336(3), 340(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 63, 64 of the Copyright Act, 1957, Police Station Kotwali, District Varanasi. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant submits that the applicant is an old man of 60 years and is suffering from various disease. The applicant was not selling the imitation Tata salt. The allegation of imitation Tata salt from the possession of the applicant is concocted. There is no independent witness of the alleged recovery of imitated salt from the shop/godown of the applicant. The applicant is languishing in jail since 12.12.2024. The applicant 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, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those 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. Accordingly, the bail application is allowed. Let the accused-applicant, Raj Kumar Agarwal, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 30.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad