RAM SURESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/8042/2025 · 2025-11-25
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175525 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175525 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8042 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and Sri Samanvya Dhar Dwivedi for the informant. 2. The applicant seeks enlargement on bail in FIR No. 221 of 2024 under Sections 105 of BNS registered at P.S. Rupaidiha, District Bahraich. 3. Learned counsel for the applicant argues that in terms of the FIR, it was alleged that on 12.07.2025, the son of the informant had gone to the shop of the applicant for purchasing something, where the dispute occurred between the shop owner and the deceased because of which, the applicant who is the owner of the shop and his son caused injuries with the use of lathi danda, etc., which resulted in death. The post mortem report on record indicates the present of 11 injuries which included three contusions injuries on the skull and other are abrasions injuries. In the light of the said, the submission of the counsel for the applicant is that the applicant has wrongly implicated. The recovery of the weapon was effected from co-accused, Deep Chand and apart form the statement, no evidence exists against the applicant. The applicant is aged about 55 years and is in custody since 13.07.2025 having no criminal history. The counsel for the informant while opposing the bail application argues that substantial injuries were caused over a petty dispute by the applicant and his son and two other person, considering the gravity of the offence, the bail should be denied. Versus Counsel for Applicant(s) : Anubhav Srivastava, Ankit Gupta, Manoj Kumar Singh Counsel for Opposite Party(s) : G.A., Abhishek Mishra, Samanvya Dhar Dwivedi, Saurabh Kumar Shukla, Tarun Tiwari, Vikrant Choudhary Ram Suresh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
It also appears form the record that one of the co-accused who is not named in the FIR has been enlarged on bail vide order dated 29.10.2025 in Criminal Misc. Bail Application No. 10461 of 2025. 4. Learned AGA has opposed the bail application. 5. Considering the nature of the allegations and the fact that dispute occurred on account of a petty dispute, the premeditated intent is missing, as such, the applicant who is in jail since 13.07.2025 and has no criminal history is entitled to be enlarged on bail.
In view thereof, the application is allowed. 6. Let the applicant Ram Suresh be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- 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. November 25, 2025 Anurag BAIL No. 8042 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench