Rustam Raghav Vs State of U.P.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 37429 of 2025

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Rustam Raghav

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.....Applicant(s)

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	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: M J Akhtar, Shahzad Alam
Counsel for Opposite Party(s)	: G.A.

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Court No. - 69

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Heard Sri B.M. Zaidi, learned Senior Advocate assisted by Sri M.J. Akhtar, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record.

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Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 343 of 2025, under Sections 191(2), 191(3), 190, 109, 126(2), 61, 115(2), 352 B.N.S., Police Station- Jait, District Mathura.

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Contention of learned counsel for the applicant is that in the FIR, general allegations have been made against 10 accused persons including the applicant. However, in the statement of injured specific role of causing fire arm injury has been assigned to co-accused Gopal and injury report shows that there is only one gun shot injury, therefore, the applicant has been falsely implicated. No specific role has been assigned to the applicant for causing injury. It is further submitted that the applicant has explained the criminal history of three cases in the affidavit. He further contended that identical situated co-accused Manoj @ Mukesh and Chandrapal have already been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.35982 of 2025 and 35976 of 2025 respectively. Therefore, the applicant is entitled to be released on bail on the ground of parity. He further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant is

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BAIL No. 37429 of 2025

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2

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languishing in jail since 19.07.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact.

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Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion 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- RUSTAM RAGHAV involved in the aforementioned 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:-

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i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court

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BAIL No. 37429 of 2025

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3

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Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

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The Registrar (Compliance) of this Court is directed to send a copy of this order to the concerned jail through e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 .

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(Arun Kumar Singh Deshwal,J.)

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October 29, 2025 A.Kr.

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

Rustam Raghav v. State of U.P.

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