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2025 DAILYLAW 37848 (ALL)

RAMVEER SINGH v. STATE OF U.P. AND 4 OTHERS

BAIL/11413/2025 · 2025-04-20

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:61297 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11413 of 2025 Applicant :- Ramveer Singh Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Subodh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard Sri Suboth Tripathi, learned counsel for the applicant, Sri Garvit Ramchandran, learned counsel for respondent Nos. 4 and 5, Sri S.K. Rai, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Ramveer Singh, seeking enlargement on bail in Case Crime No. 12 of 2025, under Sections 75 (2), 62/63 (C) BNS, 7/8 POCSO Act and Section 3 (2) V SC/ST Act, Police Station Bharthana, District Etawah. 4. The allegation made in the FIR is that on 21.04.2025 at about 04:00 a.m. the daughter of the informant, aged about 14 years has enticed away by co-accused Naman and she has also taken with her Rs. 20,000/- cash, one Mangalsutra, one payal and one mobile of her mother. 5. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 08.01.2025. He has a criminal antecedent of one case, which is explained in para 3 of the supplementary affidavit filed in support of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the allegation made in the first information report is only Naman not the applicant. The statement of first informant has been recorded under Section 180 BNSS, in which he did not make any allegation against the applicant. The applicant is not named in the FIR. The name of the applicant has come into light during course of investigation in the statement of victim recorded under Section 180 BNSS. The independent witnesses has also not taken the name of the applicant in their statement and they have stated that when the victim ran away from home on 21.01.2025, Naman Babu was present at her home. The applicant has denied all the allegation leveled against him in his statement. Hence, bail has been prayed for. 6. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Ramveer Singh, 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. 10. 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 :- 21.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad