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2025 DAILYLAW 82402 (ALL)

SRI NARAYAN RAM v. STATE OF U.P.

BAIL/26898/2025 · 2025-09-10

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26898 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shri Niwash Yadav, learned counsel for the applicant, Sri Amit Singh, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 133 of 2025, under Sections 109, 115(2), 352, 351(3), 3(5) B.N.S., Police Station- Rasra, District- Ballia, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The role of taking up the child of the informant and smashing his head to the floor has been assigned to co- accused person Vineet Kanaujiya. The applicant has simply been assigned the role of exhortation only. As such, the case of applicant stands distinguished to co-accused person Vineet Kanaujiya. 5. Learned counsel for the applicant has further stated that there is cross- version to the instant case and FIR No.286 of 2025 has been instituted from the side of applicant also. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 21.4.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned counsel for the informant and learned A.G.A. have Versus Counsel for Applicant(s) : Gajendra Singh Chauhan, Shri Niwash Yadav, Vivek Singh Counsel for Opposite Party(s) : Amit Singh, G.A. Sri Narayan Ram .....Applicant(s) State of U.P. .....Opposite Party(s) vehemently opposed the bail application on the ground that there is no injury sustained by any person from the side of applicant and the said FIR instituted from the side of applicant is delayed by about three months, as such, the applicant is not entitled for bail. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the role of the applicant being of exhortation only, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. The case of applicant is distinguished to co-accused person Vineet Kanaujiya. 9. Let the applicant- Sri Narayan Ram, 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 shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. September 11, 2025 Vikas Verma BAIL No. 26898 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad