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2025 DAILYLAW 111590 (ALL)

RAMESHWAR v. STATE OF U.P.

BAIL/45946/2024 · 2025-02-27

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28577 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45946 of 2024 Applicant :- Rameshwar Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Afzal,Shardool Agrahari Counsel for Opposite Party :- Mayank Singh,G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the informant is not present. Vide order dated 2.1.2025, it was made clear that no further adjournment shall be granted on the part of the learned counsel for the first informant. 2. Heard learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Rameshwar, seeking enlargement on bail in Case Crime No. 368 of 2023 , under Sections 147, 148, 149, 323, 324, 325, 308, 504 and 506 of the Indian Penal Code, Police Station Tajganj, District Agra. 4. 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 04.12.2024; applicant is a 75 years old age person and he is suffering from various old age deceased; as per statements of the injured persons, general role of causing injuries have been assigned to all the accused persons; charge-sheet has already been submitted by the police in this case without any proper and fair investigation; 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. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Rameshwar, 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. 9. 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 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad