Abhishek Rawat Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2025)

Abhishek Rawat Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Abhishek Rawat on bail in Case Crime No.0855 of 2020 on a personal bond and two sureties each in the like amount, subject to conditions (i)-(iv) relating to evidence-date attendance, trial-court presence, consequences of misuse (Sections 82 Cr.P.C./174-A IPC) and presence at opening/framing of charge/Section 313 Cr.P.C. statement.

Issue for consideration

Whether the applicant, Abhishek Rawat, charged in Case Crime No.0855 of 2020 under Section 302 IPC (Police Station PGI, District Lucknow), is entitled to be enlarged/released on bail.

Court's answer

Looking to the facts that informant Raj Kumar and witnesses Satrohan and Jagdish have been declared hostile, and without expressing any opinion on the merits, the Judge concluded that the applicant is also entitled to be released on bail.

Ratio / Principle

The applicant was ordered released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the four specified conditions.

Key takeaways

Caveat: the observations in this order are limited to the purpose of determining the bail application and are not an expression on the merits; the Trial Court remains free to arrive at its own conclusions on the evidence led.obiter¶¶17

Detailed headnote1 paragraphs

Bail allowed (third application): CRIMINAL MISC. BAIL APPLICATION No. - 5114 of 2025 (neutral citation 2025:AHC-LKO:36143), High Court of Judicature at Allahabad, Lucknow Bench, Hon'ble Brij Raj Singh, J., order dated 24.6.2025. Applicant Abhishek Rawat sought enlargement on bail in Case Crime No.0855 of 2020 under Section 302 IPC, Police Station PGI, District Lucknow; his two earlier bail applications (Nos. 11879 of 2022 and 4326 of 2024) had been rejected vide orders dated 17.05.2023 and 22.04.2024. With informant Raj Kumar and independent witnesses Satrohan and Jagdish declared hostile, and the applicant reportedly in custody since 10.11.2020, the Court, expressly without expressing any opinion on the merits, held the applicant entitled to release on bail on a personal bond and two sureties each in the like amount, imposing conditions on attendance at evidence/trial dates, with consequences of misuse invoking Sections 82 Cr.P.C. and 174-A IPC and presence required at opening of case, framing of charge and Section 313 Cr.P.C. statement; observations were confined to the bail determination only.

Neutral Citation No. - 2025:AHC-LKO:36143

Court No. - 3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5114 of 2025

Applicant :- Abhishek Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Kushagra Tiwari,Sushil Yadav Counsel for Opposite Party :- G.A.

Hon'ble Brij Raj Singh,J.

Heard learned counsel for the applicant and Sri Anant Pratap Singh, learned AGA and perused the record.

This is the third bail application. The first bail application and second bail applications were rejected by this Court vide orders dated 17.05.2023 and 22.04.2024 respectively passed in Criminal Misc. Bail Application No.11879 of 2022 and Criminal Misc. Bail Application No. 4326 of 2024 .

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.0855 of 2020, under Section 302 IPC, Police Station PGI, District Lucknow.

It is contended by learned counsel for the applicant that the applicant has been falsely implicated in present offence with ulterior motive. Learned counsel for the applicant has further submitted that informant- Raj Kumar as well as two important independent witnesses, namely, Satrohan and Jagdish have been declared hostile. He has further submitted that the applicant in jail since 10.11.2020 i.e. for more than five years and there is no likelihood that the trial would be concluded in the near future, therefore, the applicant is liable to be enlarged on bail.

Learned AGA opposed the prayer for bail, however, he conceded the aforesaid submission made by the learned counsel for the applicant.

Without expressing any opinion on the merits of the case, after hearing learned counsel for the parties and looking into the facts that informant- Raj Kumar as well as two important witnesses- Satrohan and Jagdish have been declared hostile, I am of the opinion that the applicant is also entitled to be released on bail.

Let the applicant, Abhishek Rawat , be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicant shall file an undertaking to the effect that he 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.

(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 under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. 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, in accordance with law, under Section 174-A of the Indian Penal Code.

(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 313 Cr.P.C. 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 in accordance with law.

It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.

[Brij Raj Singh, J.]

Order Date :- 24.6.2025 A nuj S ingh

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