RAM SEWAK v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/12684/2024 · 2025-08-07
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169531 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169531 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46183 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12684 of 2024 Applicant :- Ram Sewak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Durgendra Kumar Tiwari,Vimal Kishor Singh Counsel for Opposite Party :- G.A.,Jaskaran Lal Maurya Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that the uncle of the informant's husband namely, Ram Sewak Maurya lives in the same house. He is a street vendor and sells vegetables. The dispute is going on between them in the Court. On 8.7.2024 at about 07 am, while the husband of the informant was going to Mandi to purchase vegetables, the three accused persons came while hurling abuses and killed him with the sharp edged weapon. The son of the informant has seen the incident. He was also beaten.
Learned counsel for the applicant submits that the applicant is innocent. Only general role has been assigned to the applicant. It is next submitted that the co-accused Sri Jitendra Maurya and Smt. Pushpa Devi have already been granted bail by a coordinate bench of this Court vide orders dated 17.4.2025 and 21.3.2025 passed in Criminal Misc. Bail Application Nos. 3139 of 2025 and 2405 of 2025 respectively. Hence, the present applicant claims parity. It is further submitted that the applicant has no criminal history and he is languishing in jail since 11.7.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicant. On due consideration to the submissions advanced, perusal of the record, the bail orders of the co-accused named above so also the fact that the dead body was found in the closed room locked from inside; the coordinate bench of this Court while granting bail to the aforementioned co-accused has observed that the CCTV video footage shows the deceased had committed suicide by locking the door from inside; the applicant has no criminal history; he is languishing in jail since
11.7.2024; charge-sheet in the case has already been filed and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Ram Sewak involved in Case Crime No. 288 of 2024, under Sections 108, 115(2), 352 of B.N.S., Police Station- Thakurganj, District- Lucknow, be released on bail on his 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the 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 him 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 he 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 for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S.
Order Date :- 7.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench