Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 9331 (ALL)

ANUJRAJ PRAJAPATI v. STATE OF U.P.

BAIL/2194/2025 · 2025-03-19

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:41111 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2194 of 2025 Applicant :- Anujraj Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Arvind Kumar, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 237 of 2024, under Section 105 BNS, Police Station- Girwan District- Banda during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with co-accused Raju Kushwaha and after considering entire facts of the case in detail, co-accused Raju Kushwaha has been released on bail by this Court vide order dated 05.02.2025 passed in Criminal Misc. Bail Application No. 2733 of 2025 and on facts, case of applicant is at par with him. 4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 18.08.2024 i.e. for last more than six months. 5. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case, applicant is having criminal history of one another case but he fairly conceded, that case relates to minor offence. He however, could not dispute the other argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Raju Kushwaha has already been released on bail by this Court and however, applicant also involved in one another case but that case relates to minor offence and he is in jail in the present matter for last more than six months, in my view applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant- Anujraj Prajapati be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 20.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad