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2025 DAILYLAW 159815 (ALL)

RAM BARAN ALIAS RAJ GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8052/2025 · 2025-08-27

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8052 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. This is the second bail application of the applicant who seeks enlargement on bail in FIR No.906 of 2022, under Section 376(2)da, 302 of IPC, P.S. Kotwali, District Unnao. 3. The first bail application was rejected by this Court on 23.07.2024. In the said order, it was directed that the witnesses at Sr. Nos.11 & 12 and Investigating Officer would be examined within three months. Liberty was also given to the applicant to approach this Court after the said witnesses had been examined. 4. Learned counsel for the applicant states that subsequent to the rejection of the first bail application, the fact witnesses have been examined - their depositions are on record. The applicant is in custody since 13.12.2022 and has no criminal antecedents. 5. Learned AGA has opposed the bail application. 6. Considering the fact that there is no direct evidence to link the applicant with the offence in question except the Whatsapp Chat, based upon which the applicant was linked with the office in question, and considering the fact that the fact witnesses have been examined and the applicant has no criminal antecedent, the applicant is entitled to be enlarged on bail. In view thereof, Versus Counsel for Applicant(s) : Laxmi Narayan Gupta Counsel for Opposite Party(s) : G.A. Ram Baran Alias Raj Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) the application is allowed. 7. Let the applicant Ram Baran Alias Raj Gautam be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.40,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence. August 27, 2025 nishant BAIL No. 8052 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench