Rakesh Alias Sanjay vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 44331 of 2025

Rakesh Alias Sanjay

	Versus		.....A	pplicant(s)
State of U.P.			.....Oppos	ite Party(s)
Counsel for Applicant(s)	: Rajendra Srivastava	Kumar	Srivastava,	Siddharth
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 Rajendra Kumar Srivastava, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case No.261 of 2015 arising out of Case Crime No.443 of 2014, under Sections-308, 323, 504 IPC, Police Station-Jasrana, District-Firozabad, during the pendency of the trial.

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Contention of learned counsel for the applicant is that is that initially the NCR was registered in which applicant has obtained bail from the police station itself. Subsequently, the chargesheet was filed on 09.01.2015 and thereafter bailable warrant was issued in 2017 and finally non-bailable warrant was issued in 2015 as the applicant was not aware of the aforesaid proceedings as he was working in Delhi and as soon as he came to know about the non-bailable warrant, he surrendered before the court below. It is further submitted that specific allegation of causing injury has been assigned to Shyam Singh, not to the present applicant. It is also submitted that all the offences are punishable up to 7 years. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 16.11.2025. 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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Per contra, learned A.G.A. has vehemently opposed the prayer for

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BAIL No. 44331 of 2025

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2

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bail but could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account over crowded jails and heavy pendency of criminal cases before trial courts, 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- Rakesh alias Sanjay, 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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v. The applicant will appear before the trial court on each and every date except for exceptional reason to be recorded by the trial court. In case the applicant fails to cooperate in the trial then the first informant or the prosecution have right to file bail cancellation application before this court.

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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 computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within

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BAIL No. 44331 of 2025

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3

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15 days.

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It is further 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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Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via 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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December 16, 2025 S.C.

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(Arun Kumar Singh Deshwal,J.)

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Rakesh Alias Sanjay v. State of U.P.

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Rakesh Alias Sanjay v. State of U.P.

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