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2025 DAILYLAW 103610 (ALL)

RAVI VANSHKAR v. State of U.P.

BAIL/37260/2024 · 2025-02-27

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28348 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37260 of 2024 Applicant :- Ravi Vanshkar Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar,Jata Shankar Pandey Counsel for Opposite Party :- Azad Khan,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, learned AGA for the State-opposite party, Sri Sunil Verma, Advocate holding brief of Sri Azad Khan, learned counsel for the first informant and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ravi Vanshkar, seeking enlargement on bail in Case Crime No.223 of 2024, under Sections 110, 191(2), 115(2), 351(2), 352, 118(1), 117(2) B.N.S., Police Station Chirgaon, District Jhansi. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 06.08.2024. Learned counsel for the applicant submits that no specific has been assigned to the applicant, only general allegation has been made against all the accused persons. Nothing incriminating has been recovered from the possession or pointing out of the applicant. Injuries sustained by the injured are on non vital part of the body. Co-accused Aakash Yadav, has been granted bail by this Court, in Criminal Misc. Bail Application No. 36121 of 2024, vide order dated 20.01.2025. Criminal antecedent of one case has been explained in paragraph no.18 of the affidavit filed in support of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the bail but could not dispute the aforesaid facts. 5. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Ravi Vanshkar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 28.2.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad