Allahabad High Court
Ankit Kumar Rastogi vs State Of U.P. on 1 February, 2024
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:17854 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55730 of 2022 Applicant :- Ankit Kumar Rastogi Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Dubey,Kawya,Sarvesh Kumar Dubey,Vinod Kumar Pal Counsel for Opposite Party :- G.A.,Dharmendra Kumar Singh,Rajesh Kumar Pandey Hon'ble Raj Beer Singh,J.
1. Counter affidavit filed by learned counsel for the informant is taken on record.
2. This bail application has been moved on behalf of the applicant in case crime No. 74 of 2013 (S. T. No. 316 of 2015), under Sections 329, 302, 506 IPC, police station Aliganj, District Etah, with the prayer to enlarge the applicant on bail.
3. Heard learned counsel for the applicant, learned counsel for the informant as well as learned A. G. A. for the State and perused the record.
4. It has been argued by learned counsel for the applicant-accused that applicant-accused is innocent and he has been falsely implicated in this case. The first information report was lodged against the applicant and his brother and father namely, Sundar and Ajay Kumar Rastogi alleging that on 30.3.2013 at about 10.00 P. M. Ajay Kumar Rastogi and his sons namely, Ankit (applicant) and Sundar have fired at the father of the informant and resultantly, father of the informant sustained firearm injury. Learned counsel submitted that only one firearm injury at the thigh of the deceased was shown. During investigation, involvement of the applicant was found false and thus, the applicant was exonerated and chargesheet was submitted against the co-accused Aadhar, Brijesh and Gender alias Girand. During trial, the said accused applicant has been summoned under Section 319 Cr.P.C. vide order dated 4.1.2022 passed by Additional Sessions Judge, Court No. 8, Etah. Learned counsel has referred the statement of the deceased, which was recorded after incident while he was in injured condition, wherein, he has stated that the applicant and co-accused Sundar have threatened him and co-accused Ajay Kumar Rastogi (father of the applicant) has fired bullet at him. Learned counsel submitted that the role of firing at the deceased has been attributed to Ajay Kumar Rastogi and that some of the co-accused have already been granted bail. Lastly it was submitted that the applicant/accused is in jail since 15.11.2022 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
5. Learned A. G. A. and learned counsel for the informant have opposed the bail application and submitted that the applicant was named in the first information report and he was illegally exonerated during investigation and that applicant has been summoned on the basis of evidence during trial. It was submitted that the deceased died due to firearm injury sustained by him.
6. Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
7. Let the applicant Ankit Kumar Rastogi involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
i. The applicant will not tamper with the evidence during trial.
ii. The applicant will not pressurize/intimidate the prosecution witnesses. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
8. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law.
Order Date :- 1.2.2024 HR