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2025 DAILYLAW 82353 (ALL)

RAVI NISHAD v. STATE OF U.P.

BAIL/26914/2025 · 2025-08-21

Santosh Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145268 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26914 of 2025 Applicant :- Ravi Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Santosh Rai,J. 1. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ravi Nishad, seeking enlargement on bail in Case Crime No.313 of 2025, under Sections 109 and 115 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sahjanwa, District Gorakhpur. 3. As per F.I.R. version, applicant has caused injury to the injured persons by bricks and scissors. 4. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case. As per medical report, lacerated wounds were found. There are no fatal or grievous injuries sustained by the injured persons. Chargesheet has been filed in this case. The applicant is languishing in jail since 30.05.2025. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 5. Learned AGA has vehemently opposed the prayer for bail and submitted that as per C.T. Scan report, injuries were caused by sharp edged weapons. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Ravi Nishad, 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. 9. 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 :- 22.8.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad