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2025 DAILYLAW 20842 (ALL)

RAM NARESH AND ANOTHER v. STATE OF U.P.

BAIL/6339/2025 · 2025-03-18

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39585 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6339 of 2025 Applicant :- Ram Naresh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.,Hans Nath Pandey Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Mithilesh Kumar Shukla, learned counsel for the applicants, Shri Hans Nath Pandey, learned counsel for the informant, Shri Yagyavalk Pandey, learned AGA for the State- opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants no.1-Ram Naresh and 2-Shyamveer, seeking enlargement on bail in Case Crime No. 51 of 2021, under Sections 308, 323, 324, 504, 506 I.P.C., Police Station Mansukhpura, District Agra. 3. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 6.12.2021. They have no criminal antecedent and there are no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicants submits that no offence as alleged in the FIR has been made out against the applicants. It is a cross case. Both the sides received injuries in the alleged incident. Charge-sheet has been submitted against the applicants. There is no specific allegations against the applicants. Applicants have not committed any offence as alleged in the F.I.R. Hence, bail has been prayed for. 5. Learned counsel for the informant and learned AGA has vehemently opposed, but could not dispute the fact that applicants have no criminal antecedents. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicants no. 1-Ram Naresh and 2- Shyamveer, involved in above mentioned case crime number be released on bail, on their 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: i. The applicants will not tamper with the evidence. ii. The applicants will not indulge in any criminal activity. iii. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 19.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad