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2025 DAILYLAW 110725 (ALL)

RAMESH KESHARI v. STATE OF U.P.

BAIL/45696/2024 · 2025-02-11

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19650 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45696 of 2024 Applicant :- Ramesh Keshari Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Dhirendra Kumar Srivastava, learned counsel for the applicant, 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, Ramesh Keshari, seeking enlargement on bail in Case Crime No. 346 of 2024, under Sections 109, 61 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Mughalsarai, District Chandauli. 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 24.8.2024. 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 injured in his statement has said that someone behind his back inflicted gun injury upon the applicant. The applicant has criminal history of one case, which is fully explained in the Paragraph 29 of the affidavit filed in support of the bail application. Hence, bail has been prayed for. Learned counsel for the applicant submits that co-accused Manish Singh has already been enlarged on bail by this Court on 3.12.2024 in Criminal Misc. Bail Application No. 39983 of 2024. 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, Ramesh Keshari, 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 :- 11.2.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad