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2025 DAILYLAW 14981 (ALL)

RAVI PRAKASH v. STATE OF U.P.

BAIL/3616/2025 · 2025-02-27

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28214 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3616 of 2025 Applicant :- Ravi Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Ram Gopal Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ram Gopal, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 278 of 2021, under Sections 302, 201, 34 IPC, Police Station Lalganj, District Basti, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 11.12.2021 against unknown person and according to the FIR, brother of the informant on 7.12.2021 had gone from the house but did not return and on 11.12.2021 his dead body was found. 4. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation applicant who was the son of the deceased has been made accused in the present matter on the ground that his father i.e. deceased was having illicit relationship with one lady but entire allegation is false and there is no cogent evidence on record against the applicant. 5. He further submitted that it is a case of circumstantial evidence and there is absolutely no evidence against the applicant on record which can connect him with the instant crime. 6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 22.12.2021 i.e. for last more than three years. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. It is a case of circumstantial evidence and it appears applicant is the son of the deceased and during investigation he has been made accused in the present matter on the ground that his father i.e. deceased was having illicit relationship with one lady and therefore, he committed his murder but it reflects except the suspicion and motive there is no cogent evidence against the applicant on record. 10. Further, applicant is having no criminal history and he is in jail in the present matter since 22.12.2021 i.e. for last more than three years. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Ravi Prakash, be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 28.2.2025/Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad