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2025 DAILYLAW 15743 (ALL)

RAMPAL v. STATE OF U.P.

BAIL/4995/2025 · 2025-05-14

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80417 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4995 of 2025 Applicant :- Rampal Opposite Party :- State of U.P. Counsel for Applicant :- Tarun Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This case was nominated by Hon'ble The Chief Justice to this Bench. 2. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No.157 of 2024, under Section 307 I.P.C. and Section 3 /25 (1-B) (a) Arms Act, Police Station Moosajhag, District Budaun. 3. Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case due to ulterior motive. It is further submitted that applicant is languishing in jail since 05.06.2024 i.e. more than 11 months. Learned counsel further submitted that in the instant matter two persons have sustained injuries. All the injuries are simple in nature except the injury sustained by the injured Jasveer, which was grievous in nature as per the opinion of doctor but certainly not threat to life. Applicant has no previous criminal antecedents. It is further submitted that after completion of investigation charge sheet has been filed on 28.07.2024 and cognizance has been taken on 20.11.2024 by the competent Court. It is also informed that co-accused Rohit has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 06.05.2025. It is also submitted that injured has already declared hostile during trial. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. 4. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicant. 5. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 6. It is admitted fact that applicant is a man of clean antecedents and he is languishing in jail since 05.06.2024 i.e. for more than 11 months. Charge sheet has already been filed after completion of investigation. Cognizance has been taken by the competent Court. Injuries sustained by the injured persons are not threat to life. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. There are very dim chance of conclusion of trial in near future. No material brought on record by the learned A.G.A. that if the applicant is released on bail, he will not co-operate in trial and misuse the condition of bail. 7. Taking into consideration all the aforesaid reasons as stated above, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 8. Let the applicant- Rampal, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 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 in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 15.5.2025 AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad