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2025 DAILYLAW 75178 (ALL)

RAMKISHUN v. STATE OF U.P.

BAIL/24589/2025 · 2025-09-08

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24589 of 2025 Court No. - 67 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 227 of 2025, under Sections 190, 191(2), 191(3), 115(2), 352, 351(3), 109 B.N.S., police station Gola, district Gorakhpur, during the pendency of trial. It is argued by learned counsel for the applicant that the complainant got a first information report lodged on 20.05.2025 for the alleged offence under Sections 190, 191(2) 191(3), 115(2), 352, 351(3), 109 B.N.S. against six accused persons namely, Dinesh alias Chhotu, Renchu, Akash, Nakshatra alias Radha Kishun, Babi Deol, son-in-law of Ram Daras and 4-5 other unknown persons. The applicant is not named in the F.I.R. His complicity came into light during investigation. Co-accused Shailesh who is accused No. 6 in the F.I.R. has been granted bail by the coordinate Bench of this Court vide order dated 04.08.2025 in Criminal Misc. Bail Application No. 23798 of 2025 and the case of present applicant stands on better footing to that of co- accused Shailesh, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal antecedent. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 20.05.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Versus Counsel for Applicant(s) : Puja Chauhan, Sanjeev Kumar Counsel for Opposite Party(s) : G.A. Ramkishun .....Applicant(s) State of U.P. .....Opposite Party(s) Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that co-accused- Shailesh has been granted bail as noted above. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that prima facie, the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant-Ramkishun, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (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 after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 9, 2025 Kashifa BAIL No. 24589 of 2025 2 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad