Rahul Dwivedi @ R.D. Vs State of U.P.Thru. Prin. Secy. Home Lko.

The present bail application has been filed seeking release of the applicant in Sessions Trial No. 286 of 2015, arising out of Case Crime No. 610A of 2014, under Section 323, 504, 506, 307 IPC, Police StationChinhat, District- Lucknow, against the bail rejection order dated 13.08.2025 passed by the learned Additional District Judge, AntiCorruption, Court No. 7, District- Lucknow.

¶13

Learned counsel for applicant has submitted that the applicant is innocent and has falsely been implicated in the present case as he has not committed any offence as alleged.

¶14

Learned counsel for applicant has submitted that earlier the applicant was granted bail by this Court vide order dated 22.12.2014 passed in Bail No. 7741 of 2014 (Rahul Dwivedi @ R.D. Vs. State of U.P.) but on

¶15

BAIL No. 8442 of 2025

¶16

2

¶17

account of breach of conditions imposed in the aforesaid bail order, nonbailable warrant was issued by the Trial Court against him. Thereafter, the applicant was granted bail by this Court in the year 2016 but again on account of breach of conditions imposed in the bail order, the Trial Court issued non-bailable warrant against the applicant.

¶18

Learned counsel for the applicant has further stated that when the applicant came to know about the issuance of non-bailable warrant by the learned trial court, he moved an application through his advocate for cancellation of non-bailable warrant as per the provisions of Section 40 of CrPC (Now Section 72 of BNSS) before the court concerned, which was rejected on 29.03.2025. Thereafter, the applicant again moved an application before this Court bearing number Application u/s 482 CrPC (Now Section 528 of BNSS) No. 3546 of 2025, which was finally disposed of by this Court on 08.05.2025 with the direction to file a recall application/ application for cancellation of non-bailable warrant and the learned trial court was directed to dispose of the said application in accordance with law granting an interim order in favour of the applicant. Thereafter, the applicant moved an application for cancellation/ recall of non-bailable warrant issued by learned Trial Court in compliance of the order dated 08.05.2025 before the court concerned.

¶19

He further submitted that thereafter the applicant moved an application before this Court for extension of time so granted vide order dated 08.05.2025 by this Court. During pendency of the said application, the learned Trial Court again issued non-bailable warrant against the applicant. Thereafter, the applicant filed his bail application before the learned Trial Court, which was rejected vide order dated 13.08.2025 passed in Bail Application No. 6476 of 2025.

¶20

It has been stated on behalf of the applicant is having criminal history of three other cases which reads as under:

¶21

(i) Case Crime No. 613 of 2013 Police Station- Chinhat, DistrictLucknow.

¶22

(ii) Case Crime No. 0213 of 2016, under Section 147, 148, 149, 307, 323,506 IPC, Police Station- Banthara, District- Lucknow.

¶23

BAIL No. 8442 of 2025

¶24

3

¶25

(iii) Case Crime No. 0573 of 2020, in which, final report has been submitted before the learned Trial Court.

¶26

Learned counsel for the applicant has further submitted that the present applicant is languishing in jail since 06.08.2025, as such, the applicant may be enlarged on bail and the applicant undertakes that if he is released on bail, he shall appear on each and every date fixed by the Trial Court for hearing of the case.

¶27

Learned A.G.A. appearing for the State, however, opposed the prayer for bail and submitted that there is no illegality in the bail rejection order, hence the applicant is not entitled for bail and the bail application is liable to be rejected.

¶28

Taking into consideration the fact that the applicant was granted bail by this Court vide order dated 22.12.2014 in Bail Application No. 7741 of 2014 and the undertaking made by the applicant that he shall appear on each and every dated fixed by the learned Trial Court for hearing of the case, this Court is of the view that the applicant may be enlarged on bail.

¶29

12. Accordingly, the bail Application is allowed .

¶30

Let the applicant- Rahul Dwivedi @ R.D. be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

¶31

(a) The applicant shall appear on each and every date fixed by the trial court for hearing of the case;

¶32

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

¶33

(c) 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.

¶34

BAIL No. 8442 of 2025

¶35

4

¶36

In case of breach of any of the above conditions, the Trial Court shall be at liberty to cancel the bail.

¶37

It is also directed that the learned Trial Court shall conclude the proceedings of the Sessions Trial No. 286 of 2015, arising out of Case Crime No. 610A of 2014, under Section 323, 504, 506, 307 IPC, Police Station- Chinhat, District- Lucknow, expeditiously, preferably within a period of one year from the date of passing of this order, strictly in accordance with law.

¶38

September 4, 2025 (Manoj K.)

¶39

(Syed Qamar Hasan Rizvi,J.)

¶40

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

Rahul Dwivedi @ R.D. v. State of U.P.Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Rahul Dwivedi @ R.D. v. State of U.P.Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Onkar Nath Nigam Vs State of U.P. and Anr.

Riyazul Haq and Ors. Vs the State of U.P. and Anr.

Central Government. Empoyees Welfare Housing Organisation Thru. Authority Representive Asif Aqubal vs Rajendra Mohan Saxena

Rahul Dwivedi @ R.D. vs State of U.P.Thru. Prin. Secy. Home Lko.

Mukesh Sonkar vs State of U.P. Thru. Prin. Secy. Home Lko.

Angad Rajbhar vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.