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2025 DAILYLAW 12239 (ALL)

RAMESHWAR v. STATE OF U.P.

BAIL/2863/2025 · 2025-04-22

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61831 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2863 of 2025 Applicant :- Rameshwar Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Gupta,Yogendra Pal Singh Counsel for Opposite Party :- G.A.,Radhey Shyam Yadav WITH Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1593 of 2025 Applicant :- Todi Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.,Radhey Shyam Yadav WITH Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2816 of 2025 Applicant :- Virendra Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Gupta,Yogendra Pal Singh Counsel for Opposite Party :- G.A.,Radhey Shyam Yadav Hon'ble Dr. Gautam Chowdhary,J. 1. Counter affidavit on behalf of State filed today in the Court is taken on record. 2. Heard Sri Yogendra Pal Singh learned counsel for the applicant, Sri Radhey Shyam Yadav, lerned counsel for the informant and learned AGA for the State. 3. The instant bail applications have been filed on behalf of applicants Rameshwar, Todi and Virendra for enlarging them on bail in Case Crime No. 558 of 2024 under Sections 115 (2), 118 (2), 119(2) of B.N.S., Police Station Soron, District Kasganj during the pendency of the trial. 4. Learned counsel for the applicants submits that as per prosecution case, five accused persons have assaulted upon the injured with lathi, danda due to which his teeth were broken. Learned counsel further argued that out of five accused persons, one has been dropped, whereas four accused persons including the applicants were charge sheeted. Learned counsel has drawn attention of this Court to injury report of the injured, which is at page no. 7 of the supplementary affidavit and submits that though four teeth of the injured were broken but perusal of the F.I.R. as well as statement of the injured go to show that no specific role has been assigned to any of the accused persons and that general role has been assigned to all the accused persons including the applicants. It is thus contended that it is not known as to who is the author of injury. Learned counsel next argued that the applicants have been falsely implicated in the present case due to ulterior motive. Learned counsel next argued that the applicants have no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that applicants are languishing in jail since 01.12.2024. 5. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence. 6. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicants be enlarged on bail. 7. Let applicants Rameshwar, Todi and Virendra involved in Case Crime No. 558 of 2024 under Sections 115 (2), 118 (2), 119(2) of B.N.S., Police Station Soron, District Kasganj be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appear on the date fixed by the trial court. iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission. v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicants in accordance with law. 9. The bail applications are allowed. Order Date :- 23.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad