Allahabad High Court
RAKESH KORIversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The Court denied bail to the applicant, finding no sufficient ground to release him.
Summary
The High Court considered a bail application filed by Rakesh Kori, who is accused under Section 307 of the Indian Penal Code in a case pending since 2014. The applicant claimed false implication, highlighted that the charge was framed in 2016 and that the trial had not progressed beyond the examination of witnesses, with a co-accused already convicted. He argued that he had been in jail since 27 August 2025 and posed no flight risk. The State opposed bail, pointing out the applicant's undisclosed criminal history of nine cases and the manner of the alleged crime. After weighing the conduct of the applicant, his long period of absconding, and the pending trial, the Court rejected the bail application, noting that the observations were limited to this bail matter and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted to an accused under Section 307 IPC given a prolonged trial delay and lack of witness examination.
- Whether the applicant's undisclosed criminal history of nine cases constitutes a ground to deny bail.
- Whether the applicant's alleged absconding for nine years affects the likelihood of flight and justifies denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82, 83
- Indian Penal Code — s. 307
Subjects
- bail
- Section 307 IPC
- criminal history
- trial delay
- absconding
- Criminal Procedure Code
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 41414 of 2025
Rakesh Kori
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Supplementary affidavit 25.1.2026 filed today by learned counsel for the
applicant is taken on record.
2. Heard learned counsel for the accused-applicant, learned A.G.A. for the
State and perused the material available on record.
3. This bail application has been moved on behalf of the accused-applicant/
Rakesh Kori, for grant of bail, in Case Crime No. 0512 of 2014, under
Section 307 I.P.C and Police Station Bilsi, District Badaun, during pendency
of trial.
4. Learned counsel for accused-applicant, while pressing the bail application,
submits that, the accused-applicant has been falsely implicated in the instant
case and has not committed any offence, as alleged by the prosecution. It is
further submitted by learned counsel for the applicant that, in the instant
case, the charge was framed on 4.2.2016, however, the case of the accused-
applicant was separated during the course of trial, as the accused-applicant
absconded and failed to attend the Court's proceedings and thereafter,
appropriate proceedings under Criminal Procedure Code, 1973, such as,
Section 82/83 of Criminal Procedure Code were initiated against the
accused-applicant and thereafter, the trial could not proceed till date and
about more than 10 years have elapsed. Learned counsel for the applicant
further submits that, the case is still at the stage of beginning of examination
of witnesses and not a single prosecution witness could be examined till
date, as far as the case of accused-applicant is concerned, however, the case
of other co-accused person was separated and another co-accused, namely,
BAIL No. 41414 of 2025
2
Arif has been convicted in the said case crime. Learned counsel for the
applicant further submits that, the accused-applicant is languishing in jail in
this matter since 27.8.2025 and there is no likelihood that the accused-
applicant, after release on bail, may flee from the process of law or will
misuse the liberty of bail, therefore, the applicant is entitled to be enlarged
on bail.
5. Learned A.G.A. for the State vehemently opposes the prayer of bail of the
applicant on the ground that applicant is having a criminal history of 9 cases,
which was not disclosed in the instant bail application, however, later it is
placed on record by way of some supplementary affidavit, after being
pointed out by the prosecution and having regard to the manner, in which the
crime has been committed, the applicant is not entitled to be released on bail.
6. Having considered the rival contentions of the parties and the evidence
available on record against the applicant and his complicity in the crime,
however, without taking into consideration his criminal history of 9 cases, I
do not find any good ground to release the applicant on bail, owing to his
conduct. Hence, the bail application moved on behalf of applicant - Rakesh
Kori is hereby rejected, as he has been absconding for last 9 years, and the
trial could not go beyond the framing of charge.
7. Observations made herein-above by this court are only for the purpose of
disposal of this bail application and shall not be construed as an expression
of this Court on the merits of the case.
April 2, 2026
Gurpreet Singh
(Harvir Singh,J.)
Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad
Checking your session…