Rahul Rastogi Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Rahul Rastogi Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Rahul Rastogi on bail in Case Crime No. 287 of 2023 (Sections 323, 504, 506, 326-B I.P.C., P.S. Jankipuram, District Lucknow) on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court unless his appearance is exempted by the learned trial court.

Issue for consideration

Whether the applicant, Rahul Rastogi, accused in Case Crime No. 287 of 2023 under Sections 323, 504, 506, 326-B I.P.C., Police Station Jankipuram, District Lucknow, should be enlarged/released on bail.

Court's answer

Taking into account that the injuries allegedly suffered by the informant were reported to be simple in nature; that the statements of the informant and the other eye-witness having already been recorded, the applicant would not be in a position to influence the witnesses upon release; that the applicant has no previous criminal history; and that he has been languishing in jail since 11.11.2023, the court held these facts sufficient to make out a case for enlargement of the applicant on bail, expressly without making any observation affecting the merits of the case.

Ratio / Principle

The bail application was allowed and the applicant-Rahul Rastogi was directed to be released on bail in Case Crime No. 287 of 2023 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to the conditions that he shall not tamper with prosecution evidence, shall not pressureise the prosecution witnesses, and shall appear on each and every date fixed by the trial court unless his appearance is exempted by the learned trial court.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Subhash Vidyarthi, J.; Neutral Citation 2025:AHC-LKO:22419; Criminal Misc. Bail Application No. 3935 of 2024, order dated 21.04.2025): Bail allowed to applicant Rahul Rastogi in Case Crime No. 287 of 2023 under Sections 323, 504, 506, 326-B I.P.C., Police Station Jankipuram, District Lucknow. The case arose from an F.I.R. dated 11.11.2023 alleging that, following a telephonic complaint of an altercation on the night of Dhanteras, the applicant attacked the informant's cousin Ayush Verma with a hammer and, when the informant and others intervened, threw acid from a bottle on the informant, causing burn injuries. Grounds weighed by the court: the medico-legal examination reported the informant's injuries as simple despite the F.I.R. alleging grievous injuries; the informant (PW-1) and the eye-witness cousin Ayush (PW-2) had already been examined by the trial court, so release would not enable influencing of witnesses; the applicant had no previous criminal history; and he had been in jail since 11.11.2023. Bail granted on a personal bond with two sureties each in the like amount, subject to conditions against tampering with prosecution evidence, pressurising prosecution witnesses, and requiring appearance on every trial-court date unless exempted; the court made no observation affecting the merits of the case.

Neutral Citation No. - 2025:AHC-LKO:22419

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3935 of 2024

Applicant :- Rahul Rastogi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Santosh Kumar Srivastava,Ajeet Pratap Singh,Amit Pandey,Lalla Ji Maurya,Mohd Ashif Khan,Syed Mohd. Afzal,Zia Ul Qayuim Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Ziaul Qayum Zilani, learned counsel for the applicant, Sri Rajiv Verma, learned Additional Government Advocate-I for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 287 of 2023, under Sections 323, 504, 506, 326-B I.P.C., registered at Police Station Jankipuram, District Lucknow.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.11.2023 stating that the informant's cousin telephonically informed him at about 1.00 a.m. in the night of dhanteras that some altercation had taken place between him and the applicant and he apprehended that the applicant may do something untoward. The informant went to pick his cousin Ayush Verma and as soon as he came there the applicant attacked him with hammer. When the informant and some other persons intervened the applicant brought acid in a bottle and threw it over the informant due to which he got seriously burnt. The police came to the spot and took the applicant into custody and took the informant for treatment. Although, the informant stated in the F.I.R. that he had suffered grievous injuries in the incident the medico legal examination form mentions the nature

of injuries to be simple.

In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. The applicant is languishing in jail since 11.11.2023 and meanwhile the informant and his cousin Ayush have been examined by the trial court as PW-1 and PW-2 respectively and there statements have been brought on record by filing a supplementary affidavit.

The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the injuries allegedly suffered by the informant have been reported to be simple in nature; that the statement of informant and other eye witness having already been recorded, therefore, in case of his release the applicant will not be in a position to influence the witnesses; that the applicant has no previous criminal history and he is languishing in jail since 11.11.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant-Rahul Rastogi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

(Subhash Vidyarthi, J.)

Order Date :- 21.4.2025 Ram.

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench