Rakesh @ Shyam Kahar v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12725 of 2023 Applicant :- Rakesh @ Shyam Kahar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Jai Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Jai Pratap Singh, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.452 of 2022, under Sections 399, 402, 307 I.P.C. and Section 3/25 Arms Act, registered at Police Station Kotwali Ayodhya, District Ayodhy/Faizabad.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.08.2023 against five persons, including the applicant, stating that on the basis of information received from a mukhbir the accused persons were apprehended but they opened fire; three persons including the applicant were arrested and two persons escaped. A country made pistol, a live cartridge, an empty cartridge, a screw driver and a plier were recovered from his possession.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no previous criminal history. After his arrest the applicant was implicated in another case bearing Case Crime No.445 of 2023, under Sections 457, 380, 411, 413, 414, 120-B I.P.C. in which he has been granted bail by means of an order dated 19.10.2023, passed by learned Sessions Court, Faizabad.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged recovery has not been witnessed by any independent person; that no person has recieved any injury in the incident coupled with the fact that the applicant is languishing in jail since 09.08.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Rakesh @ Shyam Kahar 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. (Subhash Vidyarthi, J.) Order Date :- 30.10.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench