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Neutral Citation No. - 2025:AHC:93044 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16572 of 2025 Applicant :- Rattilal Alias Ratan Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed on behalf of the applicant in the Court is taken on record.
2. Heard Sri Brijesh Kumar Mishra, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned A.G.A. for the State-respondent.
3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.106 of 2024, under Sections 103(1), 191(2), 191(3), 61(2) B.N.S., 2023 and Sections 4/25 Arms Act, Police Station Madanpur, District Deoria, during pendency of the trial.
4. Learned counsel for the applicant submits that however, applicant is named in the FIR but on the basis of false and general allegation, he has been roped in the present matter alongwith several others including co-accused Katvaroo Paswan and co-accused Katvaroo Paswan has been released on bail by Co-ordinate Bench of this Court vide order dated 06.12.2024 passed in Criminal Misc. Bail Application No.43809 of 2024 and on facts case of applicant is at par with him.
5. He further submits that applicant is having no criminal history and he is in jail in the present matter since 03.08.2024 i.e. for last more than nine months.
6. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by
learned counsel for the applicant.
7. I have heard both the parties and perused the record of the case.
8. Considering the argument advanced by learned counsel for
the applicant and the fact that similarly placed co-accused Katvaroo Paswan has already been released on bail by this Court vide order dated 06.12.2024 and applicant is having no criminal history and he is in jail in the present matter since 03.08.2024 i.e. for last more than nine months, in my view, applicant is entitled to be released on bail.
9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
10. Let the applicant- Rattilal Alias Ratan Paswan 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 her 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.
11. 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.
12. 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 :- 27.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad