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2025 DAILYLAW 19695 (ALL)

RAM CHANDRA @ BHAIYAN v. STATE OF U.P.

ABAIL/3800/2020 · 2025-08-07

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134894 Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3800 of 2020 Applicant :- Ram Chandra @ Bhaiyan Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar,Sanjeev Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Vijay Bahadur Maurya, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 2. Heard Sri Sanjeev Kumar Yadav, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 196 of 2020, under Sections 147, 148, 149, 353, 307 IPC and Section 7 CLA Act, Police Station Kotwali, District Auraiya with a prayer to enlarge him on anticipatory bail during trial. 4. Learned counsel for the applicant submits, on the basis of false allegation applicant has been made accused in the present matter and admittedly in the alleged incident of firing none sustained any injury. 5. He further submits, during investigation when applicant filed anticipatory bail application then he was released on interim anticipatory bail vide order dated 06.07.2020 and 21.04.2023. He further submits, now charge-sheet has been filed on 21.10.2020 and there is no allegation that applicant did not cooperate with the investigation. 6. He further submits, after submission of the charge-sheet custodial interrogation of the applicant is not necessary. He further submits, there is no allegation that he misused the interim anticipatory bail granted to him. He further submits, applicant is not having any criminal history. 7. He further submits, considering the above facts, interim anticipatory bail granted to the applicant vide order dated 21.04.2023 should be confirmed. 8. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the argument advanced by learned counsel for applicant and the fact that applicant did not misuse the liberty of interim anticipatory bail earlier granted to him and he fully cooperated with the investigation and he is not having any criminal history, the interim anticipatory bail granted to the applicant vide order dated 21.04.2023 is hereby confirmed. The applicant shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court vide order dated 21.04.2023. 11. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 12. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 8.8.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad