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2025 DAILYLAW 61554 (ALL)

RAM DARASH PANDEY v. STATE OF U.P.

BAIL/17562/2025 · 2025-05-29

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93407 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17562 of 2025 Applicant :- Ram Darash Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Aishwarya Pratap Singh,Manish Kumar Singh Counsel for Opposite Party :- Naveen Singh,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Aishwarya Pratap Singh, learned counsel for the applicant, Sri Naveen Singh, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA, for the State. 2. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 110 of 2025, under Sections 103(1), 3(5) and 123 BNS, Police Station Ahiraula, District Azamgarh, during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is named in the FIR along with several others but only general allegation has been made against all the accused and after considering entire facts in detail co-accused Ravi Pandey and Vishal Pandey have been released on bail by this Court vide order dated 23.5.2025 passed in Criminal Misc. Bail Application No. 16893 of 2025 and on facts, case of applicant is at par with them. 4. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 19.3.2025. 5. 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 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 and on facts, the case of applicant is at par with them. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed two co-accused Ravi Pandey and Vishal Pandey have been released on bail by this Court and the case of applicant is at par with them and applicant is not having any previous criminal history and in the present matter he is in jail since 19.3.2025, 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-Ram Darash 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. 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 :- 30.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad