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2025 DAILYLAW 92123 (ALL)

RAJESH ALIAS LALU v. STATE OF U.P.

BAIL/30476/2025 · 2025-09-18

Gautam Chowdhary

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30476 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Sri Preetam Yadav, learned counsel for the informant, learned A.G.A for the State and perused the record. 3. Learned counsel for the applicant submits that the allegation in the F.I.R., is that the informant got registered a missing, of his daughter's, report dated 15.06.2025, who came to Makkhanpur on 22.06.2025, on such information, the informant went to Makkhanpur and his daughter apprised him that accused Mukesh, Rajesh alias Lalu (applicant) took her away from district Firozabad and had kept her at Surat, thereafter left her away at Makkhanpur. Learned counsel for the applicant has contended that the applicant is the Mausa of the victim. The victim in her statement recorded under Section 180 of BNSS has specifically stated six months prior to marriage she used to talk with accused Rahul and on 14.06.2025 the applicant called her and took her away to Mathura, thereafter to Surat and at Surat the accused Rahul has committed wrong with her and when Ankush was talking to sell her, she intimated her husband but all the accused persons had dropped her to Makhanpur, whereas the victim apart from the averments recorded under Section 180 of B.N.S.S., in her statement recorded under Section 183 of BNSS has improvised the allegation of committing wrong with her, to the extent of accused Mukesh and the applicant. It is thus contended that there is a contradiction in the statements of the victim recorded under Sections 180 and 183 of BNSS. Learned counsel further argued that the victim is major and has affair with accused Rahul and when the same was objected by the applicant, the applicant has been falsely implicated in the present case. Versus Counsel for Applicant(s) : Manish Yadav Counsel for Opposite Party(s) : G.A., Preetam Yadav Rajesh Alias Lalu .....Applicant(s) State of U.P. .....Opposite Party(s) 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 02.07.2025 having no criminal history. 4. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed. 6. Let applicant Rajesh alias Lalu involved in Case Crime No.112 of 2025 under Sections 137 (2), 87 B.N.S., Police Station Nasirpur, District Firozabad be released on bail on furnishing a personal bond and two local sureties each of 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 BAIL No. 30476 of 2025 2 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. September 19, 2025 S.Ali BAIL No. 30476 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad