Allowed

Awadhesh Rajput v. State of U.P.

Allahabad HC14 Feb 2025BAIL/1840/2025

Case brief

AI extract

What is this about?

This Court allowed bail to the applicant alleging false implication in a criminal case involving non-relatable recovery and lack of independent witnesses, noting the applicant's recent release in a similar case.

What did the court decide?

Released on bail by furnishing a personal bond and two heavy sureties subject to conditions to appear in court and not tamper with evidence or pressurize witnesses.

Awadhesh Rajput vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:21632

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1840 of 2025

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Applicant :- Awadhesh Rajput Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra Kushwaha,Preetam Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri V.K. Tiwari, learned A.G.A. for the State-opposite party.

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The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 409 of 2024, under Sections 303(2), 317(2), 317(4) B.N.S., Police Station Navabad, District Jhansi during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant was not named in the first information report. The applicant along with two other persons was arrested on 26.08.2024 in Case Crime No. 413 of 2024, under Sections 317(2), 317(4) B.N.S., Police Station Navabad, District Jhansi and has been falsely implicated in the present case. False recovery of six scooties and two motorcycles has been shown from the joint possession of the applicant. There is no independent witness to the alleged recovery. In Case Crime No. 413 of 2024 the applicant has been granted bail by this Court vide order dated 10.01.2025 passed in Criminal Misc. Bail Application No. 47050 of 2024, Awadhesh Rajput v. State of U.P. The criminal history of the applicant has been explained in Paragraph-17 of the affidavit. The applicant is in jail since 26.08.2024 and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not named in the first information report and there is no

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independent witness to the alleged recovery. Moreover, the applicant has remained confined for more than five months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Awadhesh Rajput, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 14.2.2025 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Awadhesh Rajput v. State of U.P.

Case brief

What is this about?

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Awadhesh Rajput v. State of U.P.

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