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

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

What the court decided

AI extract

Outcome

Release 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 conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) shall not pressurize the prosecution witnesses; (iii) shall appear on each and every date fixed by the trial court unless appearance is exempted by the learned trial court.

Issue for consideration

Whether the applicant, who per the affidavit is innocent, falsely implicated and without criminal history, and who stands implicated solely on the basis of the custodial statement of co-accused Hari Singh (who has already been granted bail), is entitled to be released on bail in F.I.R./Case Crime No. 263 of 2023 under Sections 34, 120-B, 302 I.P.C.

Court's answer

Considering the facts and circumstances, and keeping in view that the applicant has been implicated solely on the basis of the custodial statement of co-accused Hari Singh, who has already been granted bail, the applicant is entitled to be released on bail in the aforesaid crime, without making any observation affecting the merits of the case.

Detailed headnote1 paragraphs

Grant of bail — single-judge order. Applicant Rajveer, stated to be cousin of named accused Hari Singh, sought release on bail in F.I.R./Case Crime No. 263 of 2023 (Sections 34, 120-B, 302 I.P.C.), Police Station Sawayajpur, District Hardoi, concerning the death of the informant's sister, whose body was found at the bank of the Ramganga River on 08.10.2023, the medico-legal report disclosing death due to head injury on 07.10.2023; named accused were Hari Singh alias Saurabh Singh, Ramshree alias Chutkanna and Sarvajeet Singh. The bail affidavit asserts the applicant's innocence, false implication and absence of criminal history. The applicant stands implicated solely on the basis of the custodial statement of co-accused Hari Singh, who had already been granted bail on 20.02.2025 by a Coordinate Bench of the same Court in Criminal Misc. Bail Application No. 7322 of 2024. On that footing, and without making any observation affecting the merits, Subhash Vidyarthi, J. (Lucknow Bench, Court No. 15; order dated 18.4.2025) held the applicant entitled to bail and allowed the application, directing release on a personal bond and two sureties of like amount, subject to conditions of non-tampering with prosecution evidence, non-pressurizing of prosecution witnesses and appearance on every date fixed by the trial court unless exempted.

Neutral Citation No. - 2025:AHC-LKO:22119

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8825 of 2024

Applicant :- Rajveer Opposite Party :- State Of U.P. Thru. Prin Secy. Home Lko Counsel for Applicant :- Ajeet Kumar Singh,Rajat Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Rajat Pratap Singh, learned counsel for the applicant and Sri Arvind Kumar Pandey, learned A.G.A.

This application has been filed seeking release of the applicant on bail in F.I.R./Case Crime No. 263 of 2023, under Sections 34, 120-B, 302 I.P.C., Police Station Sawayajpur, District Hardoi.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.12.2023 against three persons, namely, Hari Singh alias Saurabh Singh, Ramshree alias Chutkanna and Sarvajeet Singh stating that dead-body of the informant's sister was found at the bank of Ramganga River on 08.10.2023. On 06.12.2023 the informant was informed that the medico-legal report had been received by the Police, which disclosed that his sister had been killed due to a head injury on 07.10.2023. His friend Ravindra Kumar Srivastava had told him that on 7.10.2023 he had seen that the informant's sister Mina, her husband Sarvajeet Singh, Hari Singh alias Saurabh Singh, and Ramshree alias Chutkanna were talking in loud voices, but as they were family members and relatives, he did not say anything. He further states that on 08.12.2023 his wife's brother Arvind Kumar singh, cousin Sandeep Kumar Singh told that the deceased's husband Sarvajeet Singh and brother-in-law Hari Singh had come to them and had confessed their involvement in commission of the offence.

In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case and he has no criminal history.

The applicant is cousin of the named accused Hari Singh and he has been implicated in the present case on the basis of

custodial statement of Hari Singh. Hari Singh has already been granted bail by means of an order dated 20.02.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No. 7322 of 2024.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely on the basis of custodial satement of co-accused Hari Singh, who has already been granted bail, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant- Rajveer 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 magistrate/court concerned, subject to 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, unless his appearance is exempted by the learned trial court.

( Subhash Vidyarthi, J. )

Order Date :- 18.4.2025 A.Nigam

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