Akhilesh Rai Vs State of U.P. Thru. Addl. Chief Secy. Home… — Corruption | Allahabad HC (2025)

Akhilesh Rai Vs State of U.P. Thru. Addl. Chief Secy. Home… — Corruption | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Akhilesh Rai on bail in Case Crime No. 90 of 1989 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) not tampering with prosecution evidence; (ii) not pressurizing prosecution witnesses; (iii) appearance on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant Akhilesh Rai should be released/enlarged on bail in Case Crime No. 90 of 1989, under Sections 304, 342, 323, 504 I.P.C. and Section 7/3 of Prevention of Corruption Act, P.S. Moosanagar, District Kanpur Dehat.

Court's answer

Taking into account the categorical statement of Santosh (who accompanied the deceased) that the P.A.C. personnel had not assaulted the deceased, the applicant's age of about 50 years, and that the applicant is in jail since 4.2.2025, the court was of the view that these facts are sufficient to make out a case for enlargement of the applicant on bail.

Ratio / Principle

The bail application stands allowed.

Key takeaways

The applicant Akhilesh Rai is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions: (i) he shall not tamper with the prosecution evidence; (ii) he shall not pressurize the prosecution witnesses; and (iii) he shall appear on each and every date fixed by the trial court (conditions at ¶¶18–20).ratio¶¶17

Detailed headnote1 paragraphs

Bail allowed — alleged custodial death case (Case Crime No. 90 of 1989, P.S. Moosanagar, Dist. Kanpur Dehat; Sections 304, 342, 323, 504 I.P.C. and Section 7/3 Prevention of Corruption Act). Prosecution case: deceased, suspected of theft, was caught by P.A.C. personnel, handed to police and died after being beaten with sticks by the Sub-Inspector; the accompanying witness Santosh categorically stated the P.A.C. personnel had not assaulted the deceased and that the beating occurred in police custody. Applicant, aged about 50 years and in jail since 4.2.2025, was enlarged on bail; charge sheet was filed on 19.07.1999, and trial had been stayed earlier pursuant to a co-accused's Section 482 Cr.P.C. application (No. 4570 of 1999, interim order 28.09.1999), which was dismissed on 26.07.2016, explaining the applicant's delayed appearance. Release ordered on personal bond and two sureties, with conditions against tampering with evidence, pressurizing witnesses, and requiring appearance on every date fixed.

Neutral Citation No. - 2025:AHC-LKO:34678

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5053 of 2025

Applicant :- Akhilesh Rai Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Karunesh Singh,Vijay Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicant as well as Sri Alok Kumar Tiwari, the learned A.G.A. for the State and perused the record.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 90 of 1989, under Sections 304, 342, 323, 504 I.P.C. and Section 7/3 of Prevention of Corruption Act, registered at Police Station Moosanagar, District Kanpur Dehat.

As per the prosecution case, while the informant's father was going on a bicycle with one Santosh, some P.A.C personnel caught them, treating them to be thief. They were beaten and handed them over to police. The Sub-Inspector of Police has beaten him with sticks due to which the informant's father died.

Santosh, who was accompanying the deceased at the time of arrest, stated that P.A.C personnel had intercepted them and handed them over to police but they had not beaten them. The deceased was beaten up in police custody, due to which he died.

It is submitted on behalf of the applicant that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

The investigating officer has submitted a charge sheet on 19.07.1999.

A co-accused had filed an application under section 482 Cr.P.C No. 4570 of 1999 and proceedings of trial were stayed for a period of three months by means of an interim order dated 28.09.1999 and it was continued till the next date of listing on 17.12.1999. This application under Section 482 Cr.P.C was dismissed on 26.07.2016. Information of this order was not given to the trial court due to which the applicant has appeared with some delay.

The learned A.G.A has opposed the bail application.

Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the person who was accompanying the deceased, who has categorically stated that the P.A.C personnel has not assaulted the deceased, the applicant is aged about 50 years, the applicant is in jail since 4.2.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

Accordingly, this bail application stands allowed.

Let the applicant- Akhilesh Rai be

released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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.

Order Date :- 5.6.2025

kkb/

Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench