Abhi@ Rajeev Rai v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44422 of 2023 Applicant :- Abhi@ Rajeev Rai Opposite Party :- State of U.P. Counsel for Applicant :- Satya Prakash Shukla Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and learned AGA for the State-respondent.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 155 of 2023, under Sections 307, 147, 148, 504, 506, 34 IPC, Section 7 Criminal Law Amendment Act and Section 4/25 Arms Act, Police Station Obra, District Sonbhadra, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant was disclosed by the co-accused Aditya Shahni in police custody. The said statement insofar as it implicates the applicant is unreliable. Specific role of causing injury to the injured has been assigned to co-accused Sushil. The applicant has not been nominated as the offender, who caused injury to the injured. It is next contended that identically placed co-accused Roshan Kumar has been granted bail by this Court in Criminal Misc. Bail Application No. 40620 of 2023 vide order dated

18.09.2023. The applicant claims parity. Prior to the instant case, the applicant was involved in Case Crime No. 135 of 2023, under Sections 323, 504, 506 IPC, Police Station Obra, District Sonbhadra. The applicant is in jail since 15.07.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the FIR. The name of the applicant was disclosed by the co-accused Aditya Shahni in police custody. Specific role of causing injury to the injured has been assigned to co-accused Sushil. Identically placed co-accused Roshan has been granted bail by this Court. The applicant has remained confined for more than three months and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant Abhi @ Rajeev Rai, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 18.10.2023 Lbm/- High Court of Judicature at Allahabad