RAVI SAHU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECRETARIAT LKO.
BAIL/1550/2025 · 2025-02-21
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124187 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124187 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11424 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1550 of 2025 Applicant :- Ravi Sahu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secretariat Lko. Counsel for Applicant :- Shailendra Pratap Singh,Anadi Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Anadi Kumar Singh, learned counsel for the applicant and the learned AGA for the State. The present applicant is in jail since 20.06.2024, in case crime no. 203 of 2024, under Sections 376(2)(n), 323, 504, 506 of IPC at Police Station Maal District Lucknow.
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 impugned FIR, which was lodged on 19.06.2024 for the incident dated 25.05.2024 without explaining the delay. The informant is a widow lady, as the brother of the present applicant died one year ago. The informant raised some property dispute and having ulterior motive and extraneous design in her mind, she lodged the FIR against the present applicant. In her medical examination, the allegation of FIR could not be substantiated. The present applicant has no prior criminal history. The 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. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. 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 20.06.2024; 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. The bail application is allowed. Let the applicant- Ravi Sahu, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 21.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench