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2025 DAILYLAW 57712 (ALL)

RAVI PANDEY AND ANOTHER v. STATE OF U.P.

BAIL/16893/2025 · 2025-05-22

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89684 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16893 of 2025 Applicant :- Ravi Pandey And Another 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. None appeared on behalf of the informant even in revised call. 2. Heard Sri Shobhit Yadav, learned counsel for the applicants and Sri Jhamman Ram, learned A.G.A. for the State- respondent. 3. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No.110 of 2025, under Sections 103(1), 3(5), 123 B.N.S., Police Station Ahraula, District Azamgarh, during pendency of the trial. 4. Learned counsel for the applicants submits that on the basis of false allegation, applicants have been made accused in the present matter alongwith six others including co-accused Kamlawati Alias Kamla Devi and after considering the entire facts of the case, co-accused Kamlawati Alias Kamla Devi has been released on bail by this Court vide order dated 19.05.2025 passed in Criminal Misc. Bail Application No.14075 of 2025 and on facts case of applicants is at par with her. 5. He further submits that however, co-accused Kamlawati Alias Kamla Devi was lady but from her bail granting order, it reflects, after considering entire merit of the case in detail, she has been enlarged on bail. 6. He further submits that applicants are having no criminal history and they are in jail in the present matter since 19.03.2025. 7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicants. 8. I have heard both the parties and perused the record of the case. 9. However, as per allegation, applicants and others committed the murder of the deceased including co-accused Kamlawati Alias Kamla Devi but co-accused co-accused Kamlawati Alias Kamla Devi has been released on bail by this Court vide order dated 19.05.2025. However, she is lady but it appears, on this ground, she was not enlarged on bail and it reflects, after considering entire merit of the case in detail, she has been enlarged on bail and on facts case of applicants is at par with her. 10. Further, applicants are having no criminal history and they are in jail in the present matter since 19.03.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicants- Ravi Pandey and Vishal 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti- social activity. 14. 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 applicants. 15. 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 :- 23.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad