Rajesh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

Rajesh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of accused-applicant Rajesh on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions (i) no tampering with evidence, (ii) no indulgence in criminal activity, (iii) no pressurising/intimidating prosecution witnesses and co-operating in trial, (iv) regular appearance on each date fixed by the trial court unless personal appearance exempted through counsel; on breach of any condition, the court below may cancel the bail.

Issue for consideration

Whether the bail application of accused-applicant Rajesh under Section 439 Cr.P.C. in Case Crime No. 96 of 2024 (Section 103(1) BNS), Police Station Nagla Singhi, District Firozabad, should be allowed.

Court's answer

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

Ratio / Principle

The bail application is allowed: accused-applicant Rajesh to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions (no tampering with evidence; no criminal activity; no pressure/intimidation of prosecution witnesses and co-operation in trial; regular appearance on dates fixed by the trial court unless appearance exempted through counsel); in the event of breach of any condition, the court below is at liberty to cancel his bail.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Ashutosh Srivastava, J.), Criminal Misc. Bail Application No. 24790 of 2025, decided September 18, 2025 (Court No. 66): Bail allowed to Rajesh, accused in Case Crime No. 96 of 2024 under Section 103(1) BNS, Police Station Nagla Singhi, District Firozabad, on an application under Section 439 Cr.P.C. Applicant in jail since 30.07.2024, claiming innocence and false implication; prosecution witnesses PW1, PW2, PW3 and P.W.4 had been declared hostile at their Trial Court examination and, despite cross-examination by the learned DGC, did not support the prosecution case; no criminal antecedent stated. Learned AGA opposed the prayer. Granting bail without commenting on the merits, on consideration of the nature of accusations, severity of punishment on conviction, nature of supporting evidence, apprehension of witness-tampering and prima facie case, the Court ordered release on execution of a personal bond and two reliable sureties each, in the like amount, subject to conditions barring evidence-tampering, criminal activity and intimidation of witnesses and requiring regular trial attendance; on breach of any condition, the court below is at liberty to cancel the bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24790 of 2025

Rajesh

.....Applicant(s)

	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Agnivesh, Jadu Nandan Yadav
Counsel for Opposite Party(s)	: G.A.

Court No. - 66

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard learned counsel for the applicant, Shri Puneet Kumar Singh, learned counse for the State-respondents and perused the record.

This bail application under Section 439 Cr.P.C., has been moved on behalf of accused-applicant, Rajesh , seeking enlargement on bail in Case Crime No. 96 of 2024, under Section 103 (1) BNS, Police Station Nagla Singhi, District Firozabad.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 30.07.2024. Learned counsel for the applicant submits that prosecution all the witnesses, PW1, PW2, PW3 and P.W.4 during their examination before the Trial Court have been declared hostile. They have also been cross examined by the learned DGC, but they failed to support the case of prosecution. 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. Hence, bail has been prayed for.

Learned AGA has vehemently opposed the prayer for bail.

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.

BAIL No. 24790 of 2025

2

Accordingly, the bail application is allowed .

Let the accused-applicant, Rajesh , 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:

i. The applicant will not tamper with the evidence.

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

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

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.

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

(Ashutosh Srivastava,J.)

September 18, 2025

v.k.updh.

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