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2025 DAILYLAW 17188 (ALL)

RAVI KUMAR v. STATE OF U.P.

BAIL/4339/2025 · 2025-04-21

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60102 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4339 of 2025 Applicant :- Ravi Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri A.K. Garg, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 830 of 2024, under Section 105 B.N.S., Police Station Majhola, District Moradabad during pendency of the trial. 3. Learned counsel for the applicant submits, as per allegation, applicant pumped the air through anus in the stomach of the deceased due to which he died but entire allegation leveled against the applicant is totally false. He further submits, there was absolutely no occasion for the applicant to do such act. 4. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 21.09.2024. 5. Per contra, learned AGA opposed the prayer for bail and submitted that incident has been witnessed by two eye witnesses and they reiterated the version of the FIR, therefore, considering the conduct of the applicant, he should not be released on bail. He further pointed out that apart from the present case applicant is also having criminal history of three other cases. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the nature of allegation leveled against the applicant and the fact that he is also having criminal history of three other cases, I am not inclined to release the applicant on bail at this stage. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected at this stage. 9. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 22.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad