Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:32345 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3387 of 2025 Applicant :- Ram Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Pushpendra Vishvakarma,Yawar Mukhtar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 138 of 2024, under Sections 324(4), 115(2), 117, 118(1), 109, 352 B.N.S., Police Station- Fariha, District- Firozabad during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report the applicant along with two co-accused are alleged to have assaulted three persons. As per the medical report of three injured; the injuries received by Deepak were found simple in nature; Mantosh received five injuries, the injury no.4 was fracture in left finger; whereas the other injured Pooran Singh received grievous injury on his head. It is contended that vague and general allegations have been levelled against the applicant. Further, identically placed co-accused Paramsukh and Anil Kumar have been granted bail by this Court vide orders dated 26.9.2024 and 11.12.2024 passed in Criminal Misc. Bail Application Nos. 35818 of 2024 and 44332 of 2024 respectively. The criminal history of the applicant has been explained in para 23 of the bail application. The applicant is in jail since 2.1.2025. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that vague and general allegations have been levelled against the applicant. Identically placed co-accused Paramsukh and Anil Kumar have been granted bail by this Court. At this stage, there is no substantive evidence to link the applicant with the offence.
Further the applicant has
presently remained confined for more than two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Ram Prakash involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad