Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 57505 (ALL)

RAMSAKAL PANDEY v. STATE OF U.P.

BAIL/16568/2025 · 2025-05-25

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:89712 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16568 of 2025 Applicant :- Ramsakal Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Akhand Pratap Singh,Shobhit Yadav Counsel for Opposite Party :- G.A.,Naveen Singh,Piyush Singh Hon'ble Sameer Jain,J. 1. Counter affidavit filed by State and supplementary affidavit filed by applicant are taken on record. 2. Heard Sri Shobhit Yadav, learned counsel for the applicant, Sri Naveen Singh, learned counsel for the informant and Sri Suresh Bahadur Singh, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 110 of 2025, under Sections 103(1), 3(5), 123 BNS, Police Station- Ahraula, District- Azamgarh, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, applicant is named in the FIR along with several others but only general allegation has been levelled against all the accused and co- accused Ravi Pandey and Vishal Pandey have been released on bail by this Court after considering entire facts of the case vide order dated 23.05.2025 passed in Criminal Misc. Bail Application No. 16893 of 2025 and on facts, case of applicant is at par with them. 5. He further submitted that however, apart form the present case, applicant is having criminal history of one another case but that case is of the year 2007 and in that case, he is on bail. 6. He further submitted that applicant is in jail in the present matter since 19.03.2025. 7. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the fact that co-accused Ravi Pandey and Vishal Pandey have been released on bail and on facts, case of applicant is at par with them. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicant and the fact that two similarly placed co-accused Ravi Pandey and Vishal Pandey have already been released on bail by this Court and criminal history of solitary case of the applicant has been explained in the instant bail application and he is in jail in the present matter since 19.03.2025, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Ramsakal Pandey 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. 12. 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. 13. 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 :- 26.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad