Allowed

Rajesh Kumar Awasthi v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC8 May 2024BAIL/4822/2024

Case brief

AI extract

What is this about?

Bail application in a group assault case involving grievous injuries to the victim. With three co-accused already granted bail, the applicant jailed since September 2022 and informant/victim statements recorded, the court allowed bail on conditions against tampering with evidence or pressurising witnesses.

What did the court decide?

Release on bail with personal bond and two sureties, subject to conditions of not tampering with evidence or pressurising witnesses and appearing before the trial court.

Rajesh Kumar Awasthi vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:35455

¶2

Court No. - 19

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4822 of 2024

¶4

Applicant :- Rajesh Kumar Awasthi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Piyush Kumar Giri,Shailesh Tripathi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Vidyarthi,J.

¶6

Heard Sri Piyush Kumar Giri, learned counsel for the applicant, Sri Punit Kumar Yadav, learned counsel for the State and perused the records.

¶7

The instant application has been filed seeking release of the applicant on bail in Case Crime No.457 of 2022, under Sections 147, 148, 323, 325 and 307 I.P.C., registered at Police Station Bhadokhar, District Raebareli

¶8

The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.08.2022 against six persons, including the applicant, stating that all the accused persons have assaulted the complainant's son causing fractures in all four limbs and serious injuries on head and other parts of his body. The medico legal examination report of the victim mentions five injuries suffered by him and the victim has suffered fractures in both legs and an arm.

¶9

The statement of the informant and the victim have already been recorded by the trial court. The victim has stated in his statement recorded by the trial court that the applicant had pierced an iron rod in his left leg.

¶10

A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in two other cases, in both of which the Investigating Office has submitted Final Reports.

¶11

Three co-accused persons, namely, Shailesh Kumar Awasthi, Anil Kumar Awasthi and Hariom Singh have already been granted bail in the present case by means of orders dated 04.04.2024, 30.04.2024 and 25.04.2024 passed in Criminal Misc. Bail Application Nos.14336 of 2023, 4687 of 2024 and 10310 of 2023, respectively. The applicant is languishing in jail since 08.09.2022.

¶12

The learned counsel for the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶13

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the offence was committed by six persons, three of whom have already been granted bail, whereas the applicant is languishing in jail since 08.09.2022; and that the statement of the informant and the victim have already been recorded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶14

Accordingly, this bail application stands allowed .

¶15

Let the applicant - Rajesh Kumar Awasthi 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 magistrate/court concerned, subject to following conditions:-

¶16

(i) the applicant shall not tamper with the prosecution evidence;

¶17

(ii) the applicant shall not pressurize the prosecution witnesses;

¶18

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

¶19

Order Date :- 8.5.2024 KR

¶20

(Subhash Vidyarthi,J.)

¶21

Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rajesh Kumar Awasthi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Awasthi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

M/S G F T Fashion ,Lko. Thru. Its Proprietor Gulsher Ali Vs State of U.P. Thru. Prin. Secy. Ministry of Finance Lko. and 2 Others

Mohd. Majid Vs State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko.

Dharmendra Prajapati Vs State of U.P. Thru. Prin. Secy. Home Lko.

Vivek Kumar Pandey Vs State of U.P. Thru. Secy. Food and Civil Supplies, Lko. and 4 Others

Rajesh Kumar Awasthi Vs State of U.P. Thru. Prin. Secy. Home Lko.

Akansha Readymade,Amethi Thru. Its Proprietor Mrs. Priti Tandon and Another Vs State of U.P. Thru. Prin. Secy. Deptt. of Finance, Lko. and 3 Others