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2025 DAILYLAW 56066 (ALL)

RAMSAKAL ALIAS RAJU BHARATI v. STATE OF U.P.

BAIL/16023/2025 · 2025-05-18

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84048 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16023 of 2025 Applicant :- Ramsakal Alias Raju Bharati Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Mani Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Krishna Mani, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 21 of 2025, under Section 105 BNS, Police Station- Anpara District- Sonbhadra during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR but as per allegation, accidentally due to electric wire, which was installed in the field of Budhram, deceased died and this fact clearly suggests that without any cogent evidence, on the basis of false allegation, applicant has been made accused in the present matter. He further submitted that there is no evidence, which can suggest that applicant was the person, who installed the electric wire due to which, deceased died. 4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 26.01.2025. 5. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicant and nature of allegation levelled against the applicant and the fact that applicant is not having any criminal history and he is in jail in the present matter since 26.01.2025, in my view applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant- Ramsakal Alias Raju Bharati be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti- social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 19.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad