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2025 DAILYLAW 52216 (ALL)

RAVI GAUTAM v. STATE OF U.P.

BAIL/14862/2025 · 2025-07-08

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109050 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14862 of 2025 Applicant :- Ravi Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Ali Hasan, learned counsel for applicant, learned AGA for State and Sri Brijesh Kumar Prajapati, learned counsel for informant. 2. This is second bail application. The first bail application was rejected vide order dated 04.03.2022 and relevant part thereof is quoted below :- “6. In the present case, the applicant is one of the named accused. There is enmity between the complainant and accused side. The complainant (wife of the deceased) has seen the accused persons including the applicant running away from the place of occurrence. During investigation statements of the eyewitnesses have also been recorded who have specifically attributed the role of firing on the applicant also. The deceased has suffered multiple firearm injuries, as such the applicant who is prima facie identified as one of the assailant who caused firearm injuries to the deceased. There are serious charges against the applicant. 7. In these circumstances, no case of bail is made out. 8. Accordingly, this application is rejected.” 3. In pursuance of order of this Court, trial Court has submitted status report that out of 10 prosecution witnesses, testimony of PW-1 and PW-2 are over and statement of PW-3 is at the stage of cross examination. 4. Learned counsel for applicant submits that PW-1 is not an eye-witness and there is no motive for applicant to commit crime. 5. Learned AGA submits that trial is proceeding and at this stage, to make any comment on nature of evidence would be adverse to both parties. 6. I have considered above submissions and perused the records. 7. Statement of eye witness appears to be consistent and role of applicant is specifically mentioned and as referred above, there are some other material witnesses also who are still to examined, therefore, at this stage, this Court does not find any ground to consider prayer for bail. Accordingly, bail application is rejected. 8. However, a liberty is granted to applicant that in case trial is not concluded within a period of 8 months from today, the applicant will be at liberty to approach this Court or trial Court, as the case may be, along with fresh status of trial. Order Date :- 9.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad