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2025 DAILYLAW 44047 (ALL)

RAM KUBER PRAJAPATI v. STATE OF U.P.

BAIL/13015/2025 · 2025-05-25

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89334 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13015 of 2025 Applicant :- Ram Kuber Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Abha Pandey,Lal Ji Pandey Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed under Section 483 of BNSS, seeking bail in Case Crime No. 05 of 2022, under Sections 406, 419, 420 IPC, Police Station - Jigna, District -Mirzapur. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that similarly placed co-accused, Mahendra Kumar Yadav has already been granted bail by this Court vide order dated 20.05.2025 passed in Criminal Misc. Bail Application No. 12979 of 2025 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 01.04.2025. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. 3. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant. 4. Heard Sri Lal Ji Pandey, learned counsel for the applicant, Sri Vijay Kumar Rathi, learned Brief Holder for the State and perused the material available on record. 5. Taking into consideration the aforesaid reasons as stated above and the fact that similarly placed co-accused, Mahendra Kumar Yadav has already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicant - Ram Kuber Prajapati, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 26.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad