Rajesh vs State of U.P.

Neutral Citation No. - 2025:AHC:34653

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8268 of 2025

Applicant :- Rajesh Opposite Party :- State of U.P. Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Keshari Nandan Singh, learned counsel for the applicant and Sri Vijay Bahadur Singh, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.112 of 2024, under Section 302 IPC, Police Station Jalalpur, District Hamirpur, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that FIR of the present case was lodged against three accused (non applicants) with regard to the murder of the daughter of the informant on the basis of suspicion.

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He further submitted that during investigation name of the applicant was disclosed through the statement of one Ved Prakash @ Bhola and he stated that applicant confessed his guilt before him. He further submitted that thereafter Investigating Officer also recorded the statement of two other witnesses and they also reiterated the version of Ved Prakash @ Bhola.

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He further submitted that except the alleged extra judicial confession of the applicant before three witnesses and his confessional statement there is no other cogent evidence against the applicant on record.

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He further submitted that applicant neither confessed his guilt before anyone nor there was any occasion for him to confess his guilt.

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He further submitted that applicant is having no criminal history and he is in jail in the present matter since 24.6.2024 i.e. for last

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more than 8 months.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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 appears during investigation, applicant has been made accused in the present matter through the statement of one witness Ved Prakash @ Bhola and according to Ved Prakash @ Bhola, applicant confessed his guilt before him and thereafter Investigating Officer also recorded the statements of two other witnesses and they also reiterated the version of witness Ved Prakash @ Bhola and thereafter applicant was arrested and as per prosecution, he also confessed his guilt.

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From the record, it reflects that except the alleged extra judicial confession of the applicant before three witnesses and his confessional statement, there is no other evidence against the applicant on record.

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Further, applicant is having no criminal history and he is in jail in the present matter since 24.6.2024 i.e. for last more than 8 months.

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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- Rajesh , 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 :- 10.3.2025

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Rajesh v. State of U.P.

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Rajesh v. State of U.P.

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