RAM VILAS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO.
BAIL/6300/2025 · 2025-07-16
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149722 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149722 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40696 . Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6300 of 2025 Applicant :- Ram Vilas Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Kaustubh Singh,Dinesh Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Kaushtubh Singh, learned counsel for the applicant, Sri Hari Shankar Maurya, learned A.G.A. for the State and Sri Rajesh Kumar Agnihotri, Advocate who has filed 'Vakalatnama' on behalf of informant / complainant, same is taken on record.
2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 29.4.2025 in Case Crime No. 155 of 2025 u/s 3(5), 115(2), 109, 103(1) BNS, P.S. Ghunghter, District Barabanki. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.
3. Learned counsel for the applicant submits that general allegations have been leveled against the applicant for causing injury, but main role for causing injury to Parshuram is assigned to Ankit and Rakesh. He next submits that as per the prosecution case, it is a case of sudden provocation and the investigation is going on and the present applicant has no prior criminal history. The applicant has no criminal history of any kind whatsoever. He has further submitted that a similarly placed co- accused, namely, Ram Ashrey and Sachin have been granted bail by this Court in Criminal Misc. Bail Application No. 5254 of 2025 vide order dated 10.06.2025 and Criminal Misc. Bail Application No. 6247 of 2025 vide
order dated 07.07.2025 so on the principles of parity the present applicant may also be enlarged on bail. Charge- sheet has been filed in this case. 4. Learned counsel for the applicant has further submitted
that the co-accused person namely, Ram Ashrey and Sachin have been enlarged on bail by this Court. He also submits that since similar role has been assigned to the applicant and case of the applicant is in parity with the co- accused persons, therefore, the applicant is also entitled for bail. He has further submitted that charge-sheet has already been filed. There is no apprehension of absconding or tampering the evidence or witnesses. The applicant has no criminal history of any kind whatsoever. 5. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of F.I.R. and fact that the general allegations have been leveled against the applicant for causing injury, main role for causing injury to Parshuram is assigned to Ankit and Rakesh, as per the prosecution case, it is a case of sudden provocation and the investigation is going on and the present applicant has no prior criminal history, similarly placed co-accused, namely, Ram Ashrey and Sachin have been granted bail by this Court in Criminal Misc. Bail Application No. 5254 of 2025 vide order dated 10.06.2025 and Criminal Misc. Bail Application No. 6247 of 2025 vide order dated 07.07.2025, charge-sheet has been filed in this case, therefore, on the principle of parity the applicant is entitled to be released on bail in this case. 8. Bail application is allowed. 9.
Let the applicant Ram Vilas, involved in aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following
conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / 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 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 / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 208 of the B.N.S., 2023. (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 351 of B.N.S.S., 2023. 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 / her in accordance with law. (v) The applicant shall not leave the country (India) without prior permission of the Court. . (Rajesh Singh Chauhan, J.)
Order Date :- 16.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench