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Neutral Citation No. - 2025:AHC:114054 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1129 of 2025 Applicant :- Ramkaran Opposite Party :- State of U.P. Counsel for Applicant :- Dhanraj Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. This is the second bail application. First bail application was rejected by the coordinate Bench of this Court vide order dated 10.08.2021 passed in C.M.B.A. No. 43278 of
2020.
2. Heard Sri Dhanraj Singh Yadav, learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 60 of 2020, under Sections 498-A & 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Bisanda, District - Banda, during the pendency of trial.
4. As per the status report dated 17.02.2025 submitted by the Trial Court, the charge has not been framed to date. The final report (charge-sheet) was filed on 08.08.2020. The applicant is languishing in jail since 26.06.2020, as such, his fundamental rights enshrined under Article 21 of the Constitution of India stands violated. It is a mockery of the present judicial system as the charge has yet not been framed against the applicant to date and he is in jail since about five years. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.
5. Per contra, learned State Law Officer has opposed the bail application.
6. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties and also considering the status report of the trial, I find it a fit case to release the applicant on bail. The bail application is allowed.
7. Let the applicant- Ramkaran, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date:- 15.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad