Raju vs State of U.P.

Neutral Citation No. - 2025:AHC:41869

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8036 of 2025

Applicant :- Raju Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Mayank,Shashikala Mani Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Abhishek Mayank, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 940 of 2019, under Sections 302/34, 201, 404, 411 IPC, Police Station- Sikandarabad, DistrictBulandshahar, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that it is a case of circumstantial evidence and during investigation, applicant has been made accused in the present matter along with others on the basis of his confessional statement.

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He further submitted that however, as per prosecution, from the possession of applicant Adhar Card and ATM Card of the deceased were recovered but entire recovery is totally false and planted one. He further submitted that even there is no corroborative evidence against the applicant on record and merely on the basis of above recovery, it cannot be said that applicant involved in the present crime.

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He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 13.02.2020 i.e. for last more than five years.

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Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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It is a case of circumstantial evidence and it reflects, during investigation, applicant has been made accused in the present matter and however, as per allegation, from the possession of applicant, Adhar Card and ATM Card of the deceased were recovered but it reflects, except the above recovery, there is no cogent evidence against the applicant on record.

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Further, applicant is not having any criminal history and he is in jail in the present matter since 13.02.2020 i.e. for last more than five years.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Raju 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 the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 21.3.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Raju v. State of U.P.

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Raju v. State of U.P.

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