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2025 DAILYLAW 108225 (ALL)

RAMU ALIAS RANGEELA v. STATE OF U.P. AND 3 OTHERS

BAIL/43194/2024 · 2025-01-27

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13790 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43194 of 2024 Applicant :- Ramu Alias Rangeela Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.,Rajni Ojha Hon'ble Ashutosh Srivastava,J. Heard Shri Sanjay Kumar Dubey, learned counsel for the applicant, Smt. Rajni Ojha, learned counsel for the first informant and Sri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ramu Alias Rangeela, seeking enlargement on bail in Case Crime No. 225 of 2024, under Sections 137(2), 142, 64 of the Bharatiya Nyaya Sanhita, 2023 & Section 3/4 POCSO Act & Section 3(1)w(1), 3(2)5 S.C./S.T. Act, Police Station- Sasni, District- Hathras. 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 02.08.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant is not named in the FIR. Applicant's name disclosed in the statement of victim recorded under Section 180 B.N.S.S. He further submits that no allegation of sexual assault has been made against the applicant. As per the medical report, no external injury found on the whole body of the victim and she has refused for her internal medical examination. Statements of the victim recorded under Section 180 and 183 B.N.S.S. are contrary in itself. Co-accused, Shahanshah, has already been enlarged on bail by this Court vide order dated 25.11.2024 passed in Criminal Misc. Bail Application No. 41070 of 2024. Hence, bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail. Considering all above 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, Ramu Alias Rangeela, 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 :- 27.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad