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2025 DAILYLAW 193138 (ALL)

RAMBABU v. STATE OF U.P.

BAIL/34101/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34101 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Madan Singh, learned counsel for the applicant and Shri Manoj Kumar Singh, learned A.G.A. representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Rambabu, seeking enlargement on bail in Case Crime No. 74 of 2012, under Section 25 Arms Act, Police Station Bilari, District-Moradabad. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 08.05.2025. Learned counsel for the applicant submits that earlier the applicant was on bail. But due to non appearance before the Court below, non bailable warrant against the applicant was issued. When the applicant came to know about the issuance of non bailable warrant, he surrendered himself before the Court below and since then he is in judicial custody. The applicant has criminal antecedent of one case which has been explained in paragraph no. 28 of the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Madan Singh Counsel for Opposite Party(s) : G.A. Rambabu .....Applicant(s) State of U.P. .....Opposite Party(s) Let the accused-applicant, Rambabu, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 14, 2025 Deepak/ BAIL No. 34101 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad