Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27888 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant Rampal with a prayer to enlarge him on bail in Case Crime No.97 of 2025, under Sections 105 BNS, Police Station-Purkaji, District-Muzaffar Nagar, during pendency of trial.
Learned counsel for the applicant submits that the accused applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 27.05.2025. Learned counsel for the applicant submits that a First Information Report was lodged on 21.05.2025, by the first informant, with the allegation that on the date of incident all the accused persons have severely beaten the son of the first informant namely Vipin in drunken condition. On information the first informant reached the spot and taken to the applicant for treatment and during treatment he died. Learned counsel for the applicant submits that general role has been assigned to all the accused persons including the applicant. No specific allegation has been levelled against the applicant. He further submits that in the post mortem report the cause of death has been shown as Cranial Cerebral Damage due to ante mortem head injury. Learned counsel for the applicant further submits that the eye witness namely Smt. Gyanno in her statement has stated that all the accused persons were kicking the deceased by foot and the deceased in the scuffle fell from the stairs and suffered injuries and later succumbed due to the injury Versus Counsel for Applicant(s) : Ravindra Kumar Yadav, Sandeep Kumar Yadav Counsel for Opposite Party(s) : G.A. Rampal .....Applicant(s) State of U.P. .....Opposite Party(s)
sustained in the head. Other eye witness Sompal Singh has repeated the same version. Applicant has no criminal antecedents 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. Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant but could not dispute the aforesaid facts. Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the
submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant-Rampal, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of 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 12, 2025 Deepak/ BAIL No. 27888 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad