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2025 DAILYLAW 74374 (ALL)

OM PRAKASH RAM v. STATE OF U.P.

NABAIL/5621/2025 · 2025-07-23

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121414 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5621 of 2025 Applicant :- Om Prakash Ram Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Singh,Shivam Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Vijay Kumar, learned AGA-I apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally, disposed off. 2. Heard Sri Shivam Yadav, learned counsel for the applicant and Sri Vijay Kumar, learned A.G.A.-I for the State-respondent. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 49 of 2006, under Sections 409, 419, 420, 467, 468, 471, 201, 218, 120-B, 34 IPC & Section 13(2) Prevention of Corruption Act, Police Station Gadwar, District Ballia, with a prayer to enlarge him on anticipatory bail, till the conclusion of trial. 4. Learned counsel for the applicant submitted that applicant was the fair price shop dealer and FIR of the present case was lodged in the year 2006 but applicant was not made accused in the FIR and after about two decades, he has been made accused in the present matter and now Investigating Officer is trying to arrest the applicant. 5. He further submitted that in the present matter, till date with regard to the applicant investigation is still pending. 6. He further submitted that alongwith the applicant, co-accused Ravi Shankar Tiwari was also made accused after 19 years in the instant matter and he has been released on anticipatory bail on 11.6.2025 and his order has been annexed at page-68 of the paper book. 7. He further submitted that after 20 years, there is no occasion to send the applicant in jail. He further submitted that he is not having any previous criminal history. 8. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for both the sides and perused the record of the case. 10. Considering the arguments advanced by learned counsel for the applicant and the fact that similarly placed co-accused Ravi Shankar Tiwari has already been released on anticipatory bail, in my view, applicant is entitled to be enlarged on anticipatory bail in this case, till conclusion of trial. 11. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application of the applicant is allowed. 12. In the event of arrest of the applicant-Om Prakash Ram, involved in the aforesaid case crime number, shall be released on bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- i. that the applicant shall make himself available for interrogation by a police officer as and when required; ii. that the applicant shall not, directly or indirectly make any 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 to any police officer or tamper with the evidence; iii. that the applicant shall not leave India without previous permission of the court; iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 13. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant. 14. It is made clear that observations made in granting anticipatory 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 :- 24.7.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad