Raja Babu vs State of U,P

Neutral Citation No. - 2025:AHC:145429

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23681 of 2025

Applicant :- Raja Babu Opposite Party :- State Of U,P, Counsel for Applicant :- Rajendra Singh,Sarvagya Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Sri Madan Singh, advocate, holding brief of Sri Rajendra Singh, learned counsel for the applicant, learned counsel for the first informant, Sri Manoj Kumar Singh, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Raja Babu , seeking enlargement on bail in Case Crime No. 136 of 2024, under Sections 190, 105 BNS, Police Station Chetganj, District Varanasi.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 17.09.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail.

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As per the prosecution version it is stated by the informant namely Gappu Das that his brother went for begging on 16.09.2024 at mid day, 5-7 unknown boys assaulted his brother by bricks and stones, due to which he sustained grievous injuries. Thereafter, he immediately taken his brother to Kabir Chaura Hospital where the doctor declared him dead.

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Learned counsel for the applicant submits that as per the post mortem report, the deceased received three injuries on his body over head and scalp and cause of death is coma as a result of head injury. It is submitted that the applicant is not named in the FIR. His name has surfaced during course of investigation in the statement of informant as well as other witnesses on the basis of suspicion and on the basis of CCTV footage. No specific role has been assigned to the applicant to commit the present offence.

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General allegation has been levelled against all the accused persons including the applicant and it has not been mentioned that who is the author of injuries caused to the deceased. No money has been received from the possession of the applicant. Hence, bail has been prayed for.

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Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Raja Babu involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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i. The applicant will not tamper with the evidence.

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ii. The applicant will not indulge in any criminal activity.

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iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 21.8.2025 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Raja Babu v. State of U,P

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Raja Babu v. State of U,P

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