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2025 DAILYLAW 123211 (ALL)

RAMKEVAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO.

BAIL/1345/2025 · 2025-03-26

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17378 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1345 of 2025 Applicant :- Ramkeval Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. Counsel for Applicant :- Lalu Prasad Bhatt,Rashmi Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard the learned counsel for the applicant and learned AGA for the State. 2. The present applicant is in jail since 15.10.2024, in case crime no. 514 of 2024, under Sections 115(2), 352, 351(3), 105 of BNS at Police Station Ramgaon District Bahraich. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, wherein, general allegation of assault and beating has been attributed to three accused persons, including the present applicant, however, on the basis of the statement of the witnesses, the role attributed to the present applicant is of catching hold, whereas the specific role of beating with bamboo cane has been attributed to Munshi Lal as the specific statement of the independent witnesses to that effect has been recorded. The co-accused Munshi Lal might have some motive against the victim, inasmuch as in one earlier dispute both the co- accused Munshi Lal and deceased were challaned under Section 107/116 CrPC as this fact has been indicated in the statement of the informant (Annexure No. 4). The victim (since deceased) received fatal injury on account of Bamboo cane. There is no prior criminal history of the applicant. Charge-sheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 4. Co-accused Amrit Lal alias Bachcha has already been granted bail by means of an order dated 27.02.2025 passed by this Court in Criminal Misc. Bail Application No. 1790 of 2025. 5. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. 6. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 15.10.2024, there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 7. The bail application is allowed. 8. Let the applicant-Ramkeval be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . (Subhash Vidyarthi, J.) Order Date :- 26.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench