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2025 DAILYLAW 159968 (ALL)

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

BAIL/8058/2025 · 2025-08-27

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8058 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Sudhakar Prakash, the learned counsel for the applicant, Smt. Rafia Faruqee, the learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 259/2024, under Sections 323, 504, 506, 308, 325 & 147 IPC, Police Station Rampur Mathura, District Sitapur. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.06.2024 against four persons, including the applicant, stating that all the accused persons had abused and beaten up the informant at about 07:00 p.m. on 23.06.2024 and when his brother came to his rescue, he was also beaten up. 4. Learned counsel for the applicant has submitted that in the FIR as well as in the statements no specific role has been assigned to the applicant and only general allegations have been levelled against all the accused persons. 5. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and she has no criminal history. 6. Two co-accused persons Garibe and Ram Kishor @ Kishor have been granted anticipatory bail by means of orders dated 15.07.2025 and 05.08.2025 passed by a coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application Nos. 776 of 2025 and 862 of 2025. Versus Counsel for Applicant(s) : Sudhaker Prakash Counsel for Opposite Party(s) : G.A. Sitaram .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) 7. The learned A.G.A. has opposed the prayer for bail and she has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 12.08.2024. 8. Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is also entitled to be granted bail on the ground of parity. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Sita Ram be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. August 27, 2025 -Amit K- BAIL No. 8058 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench