Amit Kumar Rastogi Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

First bail application has been filed with regard to Case Crime No.380 of 2024 under Section 109 of B.N.S. & Section 3/25/27 Arms Act, P.S. Bakshi Ka Talab, District Lucknow.

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As per contents of first information report, the incident is said to have taken place on 13.12.2024 when a police team acting upon information received is said to have intercepted a motorcycle but upon interception, one of the persons riding the motor cycle fired upon the police party. It is stated that in retaliation, police party also opened fire resulting in injuries upon one of the persons who was subsequently identified as the applicant.

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Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him which would be evident from fact that despite the role of firing being attributed upon applicant, there is no injury upon any of the police personnel. It is submitted that the country made pistol has also been planted upon applicant. It is further submitted that applicant is under incarceration since 13.12.2024 with previous criminal history having been explained.

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Learned Additional Government Advocate appearing on behalf of State has opposed the bail application with submission that applicant was apprehended from the spot and allegation of firing upon police party is evidently made out. It is however admitted that applicant's previous criminal history has been explained.

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Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation , reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :-

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"21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused

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person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty."

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"27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."

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Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that although role of firing has been attributed upon applicant but there does not appear to be any injury to any of the police personnel. There also does not appear to be any independent witness of the entire incident. Applicant is under incarceration since 13.12.2024 with previous criminal history already explained. As such, without expressing any opinion on merits of the case, this Court finds, the applicant is entitled to be released on bail in this case.

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Accordingly bail application is allowed.

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Let applicant Amit Kumar Rastogi , involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he/she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of BNS.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her presence proclamation under Section 84 BNSS is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under Section 209 of BNS.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 BNSS. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/her in accordance with law.

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Order Date :- 1.5.2025 kvg/-

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Amit Kumar Rastogi v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

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Amit Kumar Rastogi v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

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