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2025 DAILYLAW 28178 (ALL)

RAMJI NISHAD v. STATE OF U.P.

BAIL/8368/2025 · 2025-05-13

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79284 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8368 of 2025 Applicant :- Ramji Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Akansha Verma,Deepak Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Deepak Kumar Verma, learned counsel for the applicant, Sri Rajesh Kumar Gupta, learned A.G.A. for the State-Opposite Party and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 118 of 2024, under Sections 191(2), 191(3), 221, 121(2), 132, 352, 125(b), 351(3) of B.N.S. and Section 7 Criminal Law Amendment Act, Police Station Musanagar, District Kanpur Dehat. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant submits that the applicant was not present on the spot and only general allegation has been levelled against the applicant. No specific role has been assigned to him. Injuries sustained by the injured persons are simple in nature. It is further submitted that on the similar footing the co-accused Kuldeep, Chandrapal, Rama Devi and Ramjanki @ Rajwati have been granted bail by this Court vide order dated 11.03.2025. 02.04.2025, 24.04.2025 and 05.05.2025 passed in Criminal Misc. Bail Application No. 8502 of 2025, 9895 of 2025, 6017 of 2025 and 6971 of2025 respectively, therefore, applicant is also entitled to be released on bail. Learned counsel for the applicant further submits that the applicant is languishing in jail since 29.12.2024 and has no criminal antecedent 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 A.G.A. has vehemently opposed the prayer for bail but could not dispute aforesaid facts submitted by learned counsel for the applicant. Considering all above 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. Let the accused-applicant, Ramji Nishad, 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. Order Date :- 14.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad