SHANKAR @ RAM SHANKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. CIVIL SECRETT. LKO.
BAIL/8869/2023 · 2025-11-18
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179277 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179277 (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. - 8869 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, Shri Vaibhav Shukla, Advocate holding brief of Shri Ramakar Shukla, learned counsel for the informant as well as learned AGA for the State. 3. The accused-applicant seeks bail in FIR/Case Crime No.83 of 2023 under Sections 147, 148, 149, 302, 120B and Section 7 Criminal Law Amedment Act, P.S.- Kaisarganj, District- Bahraich. 4. In terms of the FIR, it was alleged that on the date of alleged incident, brother of the informant, aged about 26 years, was beaten up badly and the cause of death was ascertained as ante mortem injuries. It was alleged that the applicant was carrying a baka and other co-accused person was carrying Lathi and Danda etc. In the light of the said allegation, learned counsel for the applicant submits that the three co-accused persons who were assigned the role of carrying the lathi, danda, etc. have been enlarged on bail vide separate orders. My attention has also been drawn to the fact that Medical Officer on record has stated that the cause of death can be attributed to shock and hemorrhage. It is lastly argued that the Versus Counsel for Applicant(s) : Avinash Kumar Srivastava, Manoj Kumar Singh, Rajesh Kumar Awasthi Counsel for Opposite Party(s) : G.A., Ramakar Shukla, Sumit Chauhan, Umang Agarwal, Vishwendra Pratap Singh Shankar @ Ram Shankar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. .....Opposite Party(s)
applicant has criminal antecedent of six cases, in which, applicant is on bail. The office report on record indicates that the trial court report dated 24.09.2024 indicates that all the fact witnesses have been examined. 5. Learned AGA as well as learned counsel for the informant has opposed the bail application. 6. Considering the fact that all the fact witnesses have already been examined, statement of Medical Officer and the fact that there is no thing on record to demonstrate the fact that the applicant, if enlarged on bail, can have an adverse effect on the trial coupled with the fact that the applicant is in custody since 23.03.2023, I am of the view that the applicant is entitled to be enlarged on bail.
In view thereof, the application is allowed. 7. Let the applicant- Shankar @ Ram Shankar be released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the 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 18, 2025 V. Sinha BAIL No. 8869 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench