State of U.P v. Party

Srivastava Counsel for Opposite Party(s) : G.A., Rakesh Prasad, Sanjay Kumar Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J.

1. Counter affidavit filed on behalf of the informant and rejoinder affidavit filed on behalf of the applicant are taken on record.

2. Heard Sri P. K. Rai, learned counsel for the applicant, Sri Vijendra Kumar, learned A.G.A. for the State-Respondent and Sri Sanjay Kumar, learned counsel for the informant.

3. The instant application has been filed seeking release of the applicants on bail in Case Crime No.438 of 2021, under Sections 364, 302, 201, 120-B, 34, 380, 404, 411 I.P.C., Police Station Cantt., District Varanasi, during pendency of the trial in the court below.

4. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by Hon'ble Mayank Kumar Jain, J. vide order dated 12.01.2023 but as His Lordship has already demitted his office, therefore the instant second bail application is listed today before this Bench as this Bench is dealing with such matters.

5. He further submit that by a common order bail application of co-accused Brijesh Yadav was dismissed but when co-accused Brijesh Yadav challenged the order dated 12.01.2023 passed by this Court before the Apex Court in Criminal Appeal No. 503 of 2025 then after considering his long incarceration Apex Court enlarged the co-accused Brijesh Yadav on bail vide order dated 31.01.2025. He further submit that co-accused Brijesh Yadav was in jail in the present matter since 20.09.2021 while the applicant 2 BAIL No. 28160 of 2025 Rajesh Kumar Chauhan is in jail in the present matter since 05.09.2021 and therefore, considering the order dated 31.01.2025 passed by Apex Court, applicants should also be released on bail.

6. He further submit that till date only four prosecution witnesses could be examined by the trial court out of total 63 witnesses of the charge-sheet and from the order of the Apex Court dated 31.01.2025, it reflects, after considering this fact, co-accused Brijesh Yadav was enlarged on bail. They further submit that applicants are having no previous criminal history to their credit.

7. Per contra, learned AGA as well as learned counsel appearing on behalf of the informant opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Brijesh Yadav was granted bail by the Apex Corut vide order dated 31.01.2025 after considering his long incarceration. They further could not dispute the fact that till date only four prosecution witnesses could be examined, out of total 63 witnesses of the charge-sheet.

8. Both the counsel further could not dispute the fact that co-accused Brijesh Yadav was also detained in jail since 20.09.2021. They further could not dispute the fact that applicant is having no previous criminal history to their credit.

9. I have heard learned counsel for both the parties and perused the record of the case.

10. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by Hon'ble Mayank Kumar Jain, J. vide order dated 12.01.2023 but as His Lordship has already demitted his office, therefore the instant second bail application is listed today before this Bench as this Bench is dealing with such matters.

11. Record also suggests that by a common order dated 12.01.2023, bail application of co-accused Brijesh Yadav was dismissed along and after rejection of his bail application, co-accused Brijesh Yadav preferred Criminal Appeal No. 503 of 2025 before the Apex Court and after considering his long incarceration and the fact that till date only four prosecution witnesses could be examined, out of total 63 witnesses of the charge-sheet, Apex Court enlarged the co-accused Brijesh Yadav on bail vide order dated 31.01.2025. 3 BAIL No. 28160 of 2025

12. As far as case of the applicant is concerned, the applicant is in jail since

05.09.2021, whereas the co-accused, Nigmendra Singh Sisodia, Ramesh Yadav and Brijesh Yadav were also in jail in the present matter since August, 2021, September, 2021 and September, 2021 respectively, and from the record of the case, it reflects, till date only four prosecution witnesses could be examined, out of total 63 witnesses of the charge-sheet, therefore, this Court finds merit in the argument advanced by learned counsel for the applicants that in view of the order passed by the Apex Court dated

31.01.2025, applicant is also entitled to be released on bail specially considering the fact that they are having no previous criminal history to their credit and they are in jail in the present matter for last more than three and half years.

13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

14. Let the applicant, Rajesh Kumar Chauhan, 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 15, 2025 (Ashutosh Srivastava,J.) PAWAN KUMAR SINGH PAWAN KUMAR SINGH PAWAN KUMAR SINGH High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad

Srivastava Counsel for Opposite Party(s) : G.A., Rakesh Prasad, Sanjay Kumar Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J.

1. Counter affidavit filed on behalf of the informant and rejoinder affidavit filed on behalf of the applicant are taken on record.

2. Heard Sri P. K. Rai, learned counsel for the applicant, Sri Vijendra Kumar, learned A.G.A. for the State-Respondent and Sri Sanjay Kumar, learned counsel for the informant.

3. The instant application has been filed seeking release of the applicants on bail in Case Crime No.438 of 2021, under Sections 364, 302, 201, 120-B, 34, 380, 404, 411 I.P.C., Police Station Cantt., District Varanasi, during pendency of the trial in the court below.

4. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by Hon'ble Mayank Kumar Jain, J. vide order dated 12.01.2023 but as His Lordship has already demitted his office, therefore the instant second bail application is listed today before this Bench as this Bench is dealing with such matters.

5. He further submit that by a common order bail application of co-accused Brijesh Yadav was dismissed but when co-accused Brijesh Yadav challenged the order dated 12.01.2023 passed by this Court before the Apex Court in Criminal Appeal No. 503 of 2025 then after considering his long incarceration Apex Court enlarged the co-accused Brijesh Yadav on bail vide order dated 31.01.2025. He further submit that co-accused Brijesh Yadav was in jail in the present matter since 20.09.2021 while the applicant 2 BAIL No. 28160 of 2025 Rajesh Kumar Chauhan is in jail in the present matter since 05.09.2021 and therefore, considering the order dated 31.01.2025 passed by Apex Court, applicants should also be released on bail.

6. He further submit that till date only four prosecution witnesses could be examined by the trial court out of total 63 witnesses of the charge-sheet and from the order of the Apex Court dated 31.01.2025, it reflects, after considering this fact, co-accused Brijesh Yadav was enlarged on bail. They further submit that applicants are having no previous criminal history to their credit.

7. Per contra, learned AGA as well as learned counsel appearing on behalf of the informant opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Brijesh Yadav was granted bail by the Apex Corut vide order dated 31.01.2025 after considering his long incarceration. They further could not dispute the fact that till date only four prosecution witnesses could be examined, out of total 63 witnesses of the charge-sheet.

8. Both the counsel further could not dispute the fact that co-accused Brijesh Yadav was also detained in jail since 20.09.2021. They further could not dispute the fact that applicant is having no previous criminal history to their credit.

9. I have heard learned counsel for both the parties and perused the record of the case.

10. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by Hon'ble Mayank Kumar Jain, J. vide order dated 12.01.2023 but as His Lordship has already demitted his office, therefore the instant second bail application is listed today before this Bench as this Bench is dealing with such matters.

11. Record also suggests that by a common order dated 12.01.2023, bail application of co-accused Brijesh Yadav was dismissed along and after rejection of his bail application, co-accused Brijesh Yadav preferred Criminal Appeal No. 503 of 2025 before the Apex Court and after considering his long incarceration and the fact that till date only four prosecution witnesses could be examined, out of total 63 witnesses of the charge-sheet, Apex Court enlarged the co-accused Brijesh Yadav on bail vide order dated 31.01.2025. 3 BAIL No. 28160 of 2025

12. As far as case of the applicant is concerned, the applicant is in jail since

05.09.2021, whereas the co-accused, Nigmendra Singh Sisodia, Ramesh Yadav and Brijesh Yadav were also in jail in the present matter since August, 2021, September, 2021 and September, 2021 respectively, and from the record of the case, it reflects, till date only four prosecution witnesses could be examined, out of total 63 witnesses of the charge-sheet, therefore, this Court finds merit in the argument advanced by learned counsel for the applicants that in view of the order passed by the Apex Court dated

31.01.2025, applicant is also entitled to be released on bail specially considering the fact that they are having no previous criminal history to their credit and they are in jail in the present matter for last more than three and half years.

13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

14. Let the applicant, Rajesh Kumar Chauhan, 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 15, 2025 (Ashutosh Srivastava,J.) PAWAN KUMAR SINGH PAWAN KUMAR SINGH PAWAN KUMAR SINGH High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad