Court No. - 92

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5977 of 2023

Applicant :- Rajendra @ Bulldozer

Opposite Party :- State of U.P.

Counsel for Applicant :- Avnish Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon'ble Vipin Chandra Dixit,J.

Heard Sri Avnish Kumar Srivastava, learned counsel for the

applicant, learned AGA for the State and perused the material on

record.

Learned counsel for the applicant has submitted that the applicant

is innocent and has been falsely implicated in this case. The

applicant was not named in the F.I.R. and the name of applicant is

surfaced in the extra judicial confession of informant Devendra,

who has admitted before Upkar Singh and Kartar Singh that he

commits murder of his daughter and lodged the F.I.R. against

Kalu. The country-made pistol (Katta) was also recovered on the

pointing out of Devendra. Nothing incriminating article has been

recovered from the possession of the applicant. Lastly, it is

submitted that there is no evidence against the applicant regarding

his involvement in the present case. There is no possibility of

applicant of fleeing away from the judicial process or tampering

with the prosecution evidence. He next submits that the applicant

has no criminal history and is in jail since 9.10.2022 and if

released on bail, he will not misuse the liberty of bail.

Learned AGA for the State vehemently opposed the prayer of bail.

Upon hearing the learned counsel for the parties and upon the

perusal of the record and considering the complicity of accused,

severity of punishment as well as totality of facts and

circumstances, at this stage, without commenting on the merits of

the case, I find it a fit case for bail. The bail application is allowed.

Let applicant- Rajendra @ Bulldozer be released on bail in Case

Crime No. 286 of 2022, under Sections 302, 34, 195A, 211 IPC,

registered at P.S. Kithor, District Meerut, on furnishing a personal

bond and two sureties each in the like amount to the satisfaction of

Court concerned, subject to the following conditions:

(i) The applicant will not tamper with prosecution evidence in any

manner whatsoever.

(ii) The applicant will abide by the orders of the court, will attend

the court on every date and will not delay the disposal of trial in

any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activity.

(iv) The applicant will not misuse the liberty of bail in any manner

whatsoever.

The identity, status and residential proof of sureties will be verified

by the court concerned and in case of breach of any of the

conditions mentioned above, court concerned will be at liberty to

cancel the bail and send the applicant to prison.

Order Date :- 13.2.2023

Kpy

Digitally signed by :-

KAVLESHWAR PRASAD YADAV

High Court of Judicature at Allahabad