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2025 DAILYLAW 105385 (ALL)

RAMESH KASHYAP v. State of UP

BAIL/39309/2024 · 2025-01-16

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:7099 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39309 of 2024 Applicant :- Ramesh Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Garima Sahu,Ravi Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Pankaj Sharma, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of B.N.S.S., has been moved on behalf of accused-applicant, Ramesh Kashyap, seeking enlargement on bail in Case Crime No. 163 of 2024 under Sections 109 (1), 310 (4), 310 (5) of B.N.S. and section 3/25/27 of arms Act, Police Station-Rajawali, District-Firozabad. Learned counsel for the applicant argued that the accused- applicant is innocent. He is languishing in jail since 09.09.2024. He has been falsely implicated in this very case crime number. First Information Report has been lodged on 09.09.2024 against the applicant and other accused persons. The applicant was not arrested from the spot. He further submits that co-accused Irfan Ansari Pakhiya, Mukaddar Ali Pakhiya and Jasvir Yadav, have been granted bail by this Court in Criminal Misc. Bail Application Nos. 40367 of 2024, 40386 of 2024 and 40538 of 2024, vide orders dated 28.11.2024. Criminal history of 22 cases has been explained in paragraph no. 5 of the Rejoinder affidavit 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. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Ramesh Kashyap, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 :- 16.1.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad