Allahabad High Court
RAJDEEP RAJAWATversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a second bail application filed by Rajdeep Rajawat, who is charged under several sections of the Indian Penal Code for allegedly abducting a victim and firing at him. The first bail plea was denied, but the applicant argued that the primary witness and the victim have turned hostile, there is no material against him, and a co‑accused with a similar record has already been released on bail, invoking parity. The State opposed bail but did not dispute the factual background. Relying on the hostile status of key witnesses, the principle of parity, and concerns of jail overcrowding, the Court, without expressing a view on the merits, granted bail with standard conditions. The order also directed procedural steps for the release and communication of the bail order.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the offences alleged.
- Whether the hostile stance of the primary witness and victim warrants bail.
- Whether parity with a co‑accused released on bail mandates granting bail to the applicant.
Legislation cited
- Indian Penal Code — s. 109, 126(2), 190, 191(2), 191(3), 309(6)
Subjects
- bail
- hostile witness
- parity
- jail overcrowding
- Indian Penal Code
- criminal procedure
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14352 of 2026
Rajdeep Rajawat
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Singh Sengar, Anand Pati Tiwari,
Shubham Singh, Vijay Singh Sengar
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Anand Pati Tiwari, counsel for the applicant, Sri D.P.S.
Chauhan, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail during trial in Case Crime No. 516 of 2024, under Section
126(2), 191(2), 191(3), 190, 309(6), 109 B.N.S., Police Station Auraiya,
District Auraiya.
3. This is second bail application. The first bail application i.e. Criminal
Misc. Bail Application No.20790 of 2025 was rejected on 08.07.2025.
4. Contention of learned counsel for the applicant is that the first bail
application of the applicant was rejected on the ground that the applicant
along with co-accused after abducting the victim fired upon him resulting
into firearm injury. It is further submitted that during trial the first informant
as well as injured did not support the prosecution story and they have been
declared hostile by the trial court. It is further submitted that as on date there
is no material against the applicant. It is further submitted that co-accused
Ankit Thakur who was having almost similar criminal history as of the
applicant has already been released on bail by a Co-ordinate Bench of this
Court in Criminal Misc. Bail Application No. 6650 of 2025 vide order
dated 25.03.2025. Therefore, the applicant is also entitled to be released
on bail on the ground of parity. The applicant is a law abiding citizen and
he is languishing in jail since 12.01.2025. The applicant has explained the
BAIL No. 14352 of 2026
2
criminal history of 18 cases. In case, he is granted bail, he will not misuse
the liberty of bail and would cooperate in the trial proceedings. In case the
applicant is granted bail, he will not misuse the liberty of bail and would
cooperate in the trial proceedings.
5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but
could not dispute the aforesaid facts.
6. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties, and taking into account the statement of the
first informant as well as the victim recorded before the trial court wherein
they did not support the prosecution story and they have been declared
hostile by the trial court and keeping in view the nature of offence, evidence,
complicity of the accused and taking into account overcrowded jails and
heavy pendency of criminal cases before the trial courts as well as
considering the mandate of the judgement of the Apex Court in the case of
Kapil Wadhawan vs Central Bureau of Investigation reported in 2025
SCC OnLine SC 3038 and without expressing any opinion on the merits of
the case, I am of the opinion that the applicant is entitled to be enlarged on
bail. Accordingly, the bail application is allowed.
7. Let the applicant- Rajdeep Rajawat involved in the aforementioned
crime be released on bail, on his 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 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.
ii. The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission of
any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the bond
BAIL No. 14352 of 2026
3
executed by him.
v. The applicant shall appear on 23rd date of every month to mark of his
presence before the Police Station Auraiya, District Auraiya.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
10. It is made clear that the applicant shall be released on the basis of
downloaded copy of this order from the official website of High Court
Allahabad and verified by the concerned counsel with the undertaking that
the certified copy will be filed within 15 days.
11. It is directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or on e-prison portal and Trial
Court via e-mode within 24 hours in compliance of the order of the Apex
Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu
Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024)
10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of
Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025,
decided on 29.05.2026.
(Arun Kumar Singh Deshwal,J.)
September 21, 2026
CS/-
Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad
Checking your session…