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2026 DAILYLAW 9218 (ALL)

RAEES ALIAS RAHEES AND ANOTHER v. STATE OF U.P.

BAIL/15439/2025 · 2026-09-22

Arun Kumar Singh Deshwal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15439 of 2025 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Pramod Kumar Srivastava, learned counsel for the applicants and Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No.705 of 2024, under section 333, 310(3), 317 (3) B.N.S., Police Station Kotwali Karwi, -District- Chitrakoot, during the pendency of the trial. 3. Contention of learned counsel for the applicants is that applicant was not named in the FIR wherein the allegation has been made that some unknown persons came into his house and committed murder of his 14 year daughter by slashing her throat. It is further submitted that name of the applicant and co-accused was surfaced in the statement of Sahil @ Abbey, who allegedly saw the incident in question. In his statement, Sahil @ Abbey has made specific allegation of slashing the throat of the deceased against the co- accused Guddu and no specific allegation has been assigned to the applicant except the allegation to accompany Guddu. It is further submitted that co-accused Guddu and Irfan, have already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application Nos.36033 of 2025 and 1767 of 2025 vide orders dated 18.08.2026 and 09.09.2026 respectively. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is lastly submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicants have no criminal history and they are languishing in jail since 22.12.2024. In case, they are granted bail, they will not misuse the liberty of bail and will cooperate in the trial proceedings. Versus Counsel for Applicant(s) : Pramod Kumar Srivastava Counsel for Opposite Party(s) : G.A. Raees Alias Rahees And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. Accordingly, the present application is allowed. 6. Let the applicants- Raees @ Rahees and Kallu, involved in the aforementioned crime be released on bail, on their 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 applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by them. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. 9. Verification of Aadhaar card as well as mobile number of the applicants and sureties should also be conducted by the court concerned. BAIL No. 15439 of 2025 2 10. It is made clear that the applicants shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicants. 12. Office is directed to send a copy of this order to the applicant through Chitrakoot Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. September 23, 2026 S.C. BAIL No. 15439 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad