Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 151773 (ALL)

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

BAIL/6575/2025 · 2025-07-17

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:40870 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6575 of 2025 Applicant :- Ramrati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Kamal Kishor Tiwari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State and perused the material on record. The present bail application has been filed by the accused-applicant in Case Crime No. 133 of 2025, under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Khiron, District Raebareli. Learned counsel for the applicant submits that in the gang chart only a solitary case has been shown against the applicant, in which he has already been granted bail. A copy of the said bail order has been annexed as Annexure-3 to the bail application. It is further submitted that apart from the said case, the applicant has criminal history of one more case, in which she has been granted bail. A copy of the bail order has been annexed as Annexure-4 to the bail application. The applicant is in custody since 28.05.2025. It is also submitted that the applicant is ready and willing to furnish an undertaking in terms of Section 19(4)(b) of the said Act. It is further submitted that there is no likelihood of the applicant absconding or tampering with the prosecution witnesses, and that in the event of being released on bail, he shall not misuse the liberty granted to him. Learned A.G.A. has opposed the bail prayer but has not disputed the factual submissions made on behalf of the applicant. Considering the overall facts and circumstances of the case, particularly that the applicant is in jail since 28.05.2025, only one case is shown in the gang chart in which he has already been granted bail, and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail. Accordingly, the application is allowed. Let the applicant Ram Rati, involved in the aforesaid case crime number, 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 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 them 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 abuse of the liberty of bail and pass orders in accordance with law. (v) The applicant shall also file an undertaking in terms of the requirement under Section 19(4)(b) of the U.P. Gangsters & Anti- Social Activities (Prevention) Act, 1986, stating that she will not indulge in any other criminal activity or misuse the liberty of bail. (vi) 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 IPC (now Section 269 BNS). (vii) In case the applicant misuses the liberty of bail during the trial and, in order to secure her presence, proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) 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 under Section 174-A IPC (now Section 209 BNS) in accordance with law. Order Date :- 17.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench