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2025 DAILYLAW 67411 (ALL)

PHOTO ALIAS DEVAN KEWAT ALIAS LANGGAD v. STATE OF U.P.

BAIL/20639/2025 · 2025-07-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105836 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20639 of 2025 Applicant :- Photo Alias Devan Kewat Alias Langgad Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Pankaj, learned counsel for the applicant, Sri Yagyavalk Pandey, learned A.G.A. for the State. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 75 of 2023, under Sections 147, 148, 149, 302, 34, 120-B I.P.C., Police Station Jugail, District Sonbhadra during pendency of the trial. Learned counsel for the applicant submits that the First Information report in the present case lodged on 21.10.2023 at 01.30 hours against five named accused person including the applicant herein. As per the version of FIR, on 20.10.2023 at about 6.00 P.M. due to property dispute, all the accused persons came at my house having Tangi, Balua and Lathi and assaulted my husband, due to which he fell on the ground covered in blood, she has taken her husband to government hospital Chopan, where he was declared brought dead. Applicant is innocent and he has been falsely implicated in this case. There is no independent witness of the alleged incident. Learned counsel for the applicant further submits that co-accused Bindu Kewat, Putariya Devi and Devarjawa @ Manghumani have already been granted bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No. 20803 of 2025 & 38834 of 2024 vide orders dated 24.06.2025 & 28.11.2024. Applicant is seeking parity with the accused persons, who are on bail. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Photo @ Devan Kewat @ Langgad, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 7.7.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad