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2025 DAILYLAW 68833 (ALL)

RAMAWATAR BIND URF ANUP v. STATE OF U.P.

BAIL/22577/2025 · 2025-07-28

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125355 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22577 of 2025 Applicant :- Ramawatar Bind Urf Anup Opposite Party :- State of U.P. Counsel for Applicant :- Kumar Dhananjay Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Kumar Dhananjay, learned counsel for the applicant, Shri Purushottam Maurya, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ramawatar Bind Urf Anup, seeking enlargement on bail in Case Crime No. 58 of 2025, under Sections 103 (1), 191 (2), 191 (3), 3 (5), 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 4/25 of Arms Act, Police Station Bansdeeh Road, District Ballia. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 18.3.2025. Learned counsel for the applicant submits that general allegations have been levelled against the applicant and co-accused persons. Initially in the FIR, applicant was not assigned any role, but later on in the majeed statement, the first informant has assigned role of giving knife blow upon the deceased, which is an afterthought version. Charge-sheet in this case has already been submitted before the Court below on 6.4.2025. Learned counsel for the applicant submits that co-accused Babbi @ Bheesham Bind has already been enlarged on bail by co- ordinate Bench of this Court on 27.5.2025 in Criminal Misc. Bail Application No. 14194 of 2024. 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 A.G.A. has opposed the prayer for bail of the applicant, but submits that aforesaid co-accused has already been granted bail by this Court. Considering all above 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, Ramawatar Bind Urf Anup, 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 :- 29.7.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad