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2025 DAILYLAW 74503 (ALL)

RAMPRAKASH BELDAR v. STATE OF U.P.

BAIL/24350/2025 · 2025-09-10

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24350 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Ram Surat Patel, learned counsel for the applicant, Shri S. K. Rai, learned AGA-I for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Ramprakash Beldar, seeking enlargement on bail in Case Crime No. 393 of 2024, under Sections 103 (1), 104, 238 of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali Jalaun, District Jalaun. 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 15.12.2024. Learned counsel for the applicant submits that deceased is the real sister of the applicant. Applicant was not named in the FIR. After three days of the incident, recovery of weapon of offence i.e. Banka has been shown from the pointing out of applicant at a open place. Except, confessional statement of applicant, there is nothing adverse against the applicant on record and the confessional statement cannot be read into evidence. Learned counsel for the applicant submits that statements of PW1 and PW2, who are fact witnesses, have been recorded before the Trial Court. From the perusal of the same, it transpires that nothing adverse comes out against the applicant. Learned counsel for the applicant submits that co-accused Jitendra @ Jeetu Beldar and Amit Beldar @ Amit Chauhan, have already been enlarged on bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 12880 of 2025 and 10078 of Versus Counsel for Applicant(s) : Ram Surat Patel Counsel for Opposite Party(s) : G.A. Ramprakash Beldar .....Applicant(s) State of U.P. .....Opposite Party(s) 2025 on 12.5.2025 and 22.5.2025, respectively. Applicant has 15 cases of criminal antecedent, which have sufficiently been explained 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. Learned AGA has vehemently opposed the prayer for bail. 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, Ramprakash Beldar, 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. September 11, 2025 Ravi Prakash BAIL No. 24350 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad