Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 148936 (ALL)

RAMRATI v. STATE OF U.P. THRU. SECY. HOME LKO.

BAIL/6104/2025 · 2025-07-01

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6104 of 2025 Applicant :- Ramrati Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Pravin Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the respondent State. The accused-applicant seeks bail in Case Crime No. 38 of 2025 under sections 319(2), 318(4), 338, 336(3), 340(2) Bhartiya Nyay Sanhita, 2023, Police Station Lalganj, District Raebareli. Learned counsel for the applicant submits that the applicant is neither a seller nor a purchaser, nor even a marginal witness in the sale deed. The only role attributed to the applicant is that she informed that the particular land was available for sale. The co-accused persons namely Bharat @ Bharat Lodh and Pappu @ Mohd. Jubaid, have been granted bail by a coordinate Bench of this Court vide orders dated 24.06.2025 and 25.06.2025 passed in Criminal Misc. Bail Application No. 5481 of 2025 and Criminal Misc. Bail Application No. 5634 of 2025, respectively. The applicant seeks parity with the co-accused persons who have been granted bail. The applicant has explained the criminal history of two cases in paragraph 33 of the bail application. The applicant is in jail since 20.01.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute that it is a case of parity. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. Considering the submissions advanced, perusal of the record, and the fact that the applicant is in jail since 20.01.2025; he seeks parity with the co-accused persons, named above, who have already been granted bail by a coordinate Bench of this Court; the offence is triable by a Magistrate, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Ramrati be released on bail in the aforesaid case crime number, subject to her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned, with the following conditions: (i) The applicant shall not tamper with the evidence during the trial. (ii) The applicant shall not pressurize or intimidate any prosecution witness. (iii) The applicant 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 him or her from disclosing such facts to the Court or to any police officer, or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that she 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 to the trial court to treat it as an abuse of the liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code. (vi) In case the applicant misuses the liberty of bail during trial, and in order to secure her presence a proclamation under Section 82 Cr.P.C. is issued, and she fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 1.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench