Allowed

Rajesh @ Ajay v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Allahabad HC2 Aug 2024BAIL/8065/2024

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Rajesh @ Ajay charged under IPC Section 307 and Arms Act, considering that no police injuries resulted from the alleged indiscriminate firing, the applicant was the only injured person, and a co-accused had already been granted bail.

What did the court decide?

The applicant was ordered to be released on bail upon furnishing a personal bond and two sureties each in like amount, subject to bonds not to tamper with evidence, pressure witnesses, or fail to appe

Rajesh @ Ajay vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:53206

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Court No. - 31

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8065 of 2024

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Applicant :- Rajesh @ Ajay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Alok Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Alok Kumar Mishra, the learned counsel for the applicant as well as Sri Rakesh Kumar Singh, the learned A.G.A. for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.0419 of 2023, under Section 307 I.P.C. and 3/25/27 Arms Act, registered at Police StationPihani, District- Hardoi.

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The aforesaid case has been registered on the basis of the F.I.R. lodged on 26.06.2023 against two persons including the applicant, stating that the accused persons were riding a motor-cycle, the police asked them to stop because of suspicion and they tried to escape while indulging in indiscriminate firing towards the police party. The police also fired two retaliatory shots due to which the applicant got injured and was arrested. The other co-accused namely, Rajesh alias Ajay had escaped.

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In the affidavit filed in support of this application, involvement of the applicant in 34 criminal cases has been disclosed in which 8 cases, the applicant was not involved and in rest of the cases, he has been released on bail. Lastly, learned counsel for the applicant submits that the other co-accused person namely, Santosh Shukla@Bhannu@Pandit has already been granted bail by means of an order 22.11.2023 passed by this Court in Criminal Misc. Bail Application No.13775 of 2023.

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The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the

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case and keeping in view the fact that although it is alleged that coaccused persons had made indiscriminate firing, but no police persons had suffered any injury in the incident and it is the applicant who himself got injured and that other co-accused person has already been granted bail by this Court, without making any observations 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.

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8. Accordingly, this bail application stands allowed.

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Let the applicant- Rajesh @ Ajay 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 the following conditions: -

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

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

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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Order Date :- 2.8.2024 Sachin

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(Subhash Vidyarthi,J.)

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Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad, Lucknow Bench

Rajesh @ Ajay v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Case brief

What is this about?

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Rajesh @ Ajay v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Case brief

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What did the court decide?

What the court decided

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