RAVI ALIAS ROHIT ALIAS NAAGAR SINGH v. STATE OF U.P.
BAIL/8474/2025 · 2025-03-10
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28382 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28382 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:35603 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8474 of 2025 Applicant :- Ravi Alias Rohit Alias Naagar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pragati,Shaili Ganguly Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned Counsel for the applicant and learned A.G.A. for the State and perused the record. 2. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 1081 of 2024, under Sections 309(4), 352, 351(2), 351(3), 317(2), 3(5) B.N.S., Police Station- Baradari, District- Bareilly during pendency of the trial. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report. The applicant along with another co-accused was arrested on 7.11.2024 in case crime no. 0440 of 2024, under Sections 109, 317(2) B.N.S. and 3/25 Arms Act, 1959 and has been falsely implicated in the instant case. False recovery of Rs.98,000/- has been shown from the applicant. There is no independent witness to the alleged recovery. At this stage, except the confessional statement of the applicant there is no evidence to link the applicant with the offence. Identically placed co-accused Amit alias Vikky has been granted bail by this Court vide order dated 11.02.2025 passed in Criminal Misc. Bail Application No. 3202 of 2025, Amit alias Vikky v. State of U.P. The applicant claims parity. The criminal history of the applicant has been explained in paragraph- 31 of the affidavit filed in support of the bail application. The applicant is in jail since
07.11.2024. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not
named in the first information report. There is no independent witness to the alleged recovery. At this stage, except the confessional statement of the applicant there is no evidence to link the applicant with the offence. Identically placed co-accused Amit alias Vikky has been granted bail by this Court.
Further the applicant has presently remained confined for almost four months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Ravi @ Rohit @ Naagar Singh involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 11.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad