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2025 DAILYLAW 88513 (ALL)

RAM ASRE v. STATE OF U.P.

BAIL/29546/2025 · 2025-09-10

Krishan Pahal

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29546 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vinay Kumar Tripathi, learned counsel for the applicant, Sri Amit Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Session Trial No. 35/2024, Case Crime No. 88/1997, under Section 307 IPC and Case Crime No. 89/1997, under Section 25 of Arms Act, P.S.- Mirzapur, District- Shahjahanpur, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. It is further submitted that applicant has been granted bail in Criminal Appeal No. 8011/2024 along with Criminal Appeal No. 5671/2025 vide order dated 19.02.2025 passed by Division Bench of this Court. The criminal incident has been considered in the said order. The main contention was that the applicant was incarcerated for nine and half years, as such, now he is incarcerated for more than ten years. The period of incarceration is the ground for granting bail. The applicant has been falsely implicated in many similar kind of cases, as such he is entitled for bail.The applicant has never been convicted in any other case except the said Case Crime No. 527/2015, in which he has already been granted bail by the Division Bench of this Court passed in Criminal Appeal No. 5671/2024. The applicant is languishing in jail since 18.01.2024 and he is ready to cooperate with Versus Counsel for Applicant(s) : Vinay Kumar Tripathi Counsel for Opposite Party(s) : G.A. Ram Asre .....Applicant(s) State of U.P. .....Opposite Party(s) trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the period of incarceration being more than 10 years 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. 7. Let the applicant- Ram Asre, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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 Sharad/- BAIL No. 29546 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad