Rajnesh v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47722 of 2023 Applicant :- Rajnesh Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Lal,Abhilasha Singh,Ashutosh Yadav Counsel for Opposite Party :- G.A.,Rajnath Ydav Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The accused-applicant seeks bail in Case Crime No.109 of 2022 under sections 452, 323, 307, 506 IPC, P.S. Rajpura, District Sambhal.

¶3In terms of the FIR, allegations were levelled against the co-accused of causing injuries by use of firearm. Subsequently, in the statement of the informant, it was stated that even the applicant has fired, however, the same did not hit the informant.

¶4In the light of the said statement, the submission of the counsel for the applicant is that the applicant has been falsely implicated under section 307 IPC. The criminal history has been duly explained in the bail application as well as in the supplementary affidavit filed today in court, which is taken on record.

¶5Considering the fact that even in the statement of the informant, the firearm injury was not assigned to the applicant and the criminal history has been duly explained, as such, the applicant who is in custody since 30.06.2023 is entitled for the bail. Thus, the bail application is allowed.

¶6Let the applicant Rajnesh be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

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

(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. Order Date :- 21.11.2023 VNP/- High Court of Judicature at Allahabad