Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 179763 (ALL)

GANGARAM @ GANGA PRASAD @ GANGADEEN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/11502/2025 · 2025-12-01

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11502 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. On being asked, learned A.G.A. says that he has received complete instructions in the matter and is ready to argue the case on merits. 2. In this circumstances, the Court proceeded to hear the instant bail application on merits. 3. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record. 4. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 152 of 2022, under Sections-302 IPC (103 BNS) Police Station-Jaisinghpur, District-Sultanpur. 5. While pressing the instant application, the learned counsel for the applicant stated that applicant has no criminal history and is languishing in jail since 27.05.2022. 6. It is further stated that main witnesses of the case have already been examined and therefore, it can be inferred that it would not be possible for the applicant to tamper the evidence available on record and also influence the witnesses of prosecution. 7. It is further stated that eye witnesses namely, Anshpal and Anshika Pal have been turned hostile by the trial court and, therefore, liberty was given to the prosecution to cross examine these witness and despite the same, nothing could be elicited against the applicant by the prosecution. 8. It is further stated that taking note of the aforesaid facts, the applicant is Versus Counsel for Applicant(s) : Sukh Deo Singh Counsel for Opposite Party(s) : G.A. Gangaram @ Ganga Prasad @ Gangadeen .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. 9. Learned A.G.A. opposed the prayer of the applicant. However, he could not dispute the above contentions made by the applicant's counsel. 10. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 11. Let the applicant- Gangaram @ Ganga Prasad @ Gangadeen be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties (one of family member) each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 12. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 13. As this order relates to enlargement of the applicant on bail, it is clarified BAIL No. 11502 of 2025 2 that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. December 1, 2025 Arti/- BAIL No. 11502 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench