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2025 DAILYLAW 41705 (ALL)

RAMESHWAR DAYAL v. STATE OF U.P.

BAIL/12325/2025 · 2025-04-15

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55565 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12325 of 2025 Applicant :- Rameshwar Dayal Opposite Party :- State of U.P. Counsel for Applicant :- Tarun Jha Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Tarun Jha, learned counsel for the applicant, Ms. Tahira Shabnam, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Rameshwar Dayal, seeking enlargement on bail in Case Crime No. 19 of 2025, under Sections 115 (2), 109 of the Bharatiya Nyaya Sanhita, 2023 and Section 25/27 of Arms Act, Police Station Nadigaon, District Jalaun. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 12.2.2025. Learned counsel for the applicant submits that there is no receipt of injury on the person of injured from the fire arm shown to be recovered from the applicant. The said fact is very well established from the medical report. Learned counsel for the applicant submits that co-accused Amardeep @ Thakur has already been enlarged on bail by this Court on 8.4.2025 in Criminal Misc. Bail Application No. 11457 of 2025. He 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 AGA has vehemently opposed the prayer for bail. 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, Rameshwar Dayal, 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 :- 16.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad