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2025 DAILYLAW 88703 (ALL)

RAMESH YADAV v. STATE OF U.P.

BAIL/29354/2025 · 2025-09-09

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29354 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ravindra Kumar Yadav, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.0047 of 2025, under Sections 109(1), 61(1) B.N.S., Police Station-Ekauna, District-Deoria, during the pendency of trial. 4. As per prosecution story, the applicant along with three other co-accused persons are stated to have caused gun-shot injury to the wife of the informant on 01.06.2025 at about 12:00 PM. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. FIR is delayed by about six hours and there is no explanation to the said delay caused. The injury sustained by the injured person are on non-vital part of the body which can be self inflicted. It is admitted fact that applicant and informant were at animus terms with each other and are relatives, as such, false case has been foisted against the applicant. There are general and omnibus allegations against four accused persons. Criminal history of one case stands explained. The applicant is languishing in jail since 21.06.2025 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. Learned State Law Officer has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Ravindra Kumar Yadav Counsel for Opposite Party(s) : G.A. Ramesh Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) 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 delay in institution of FIR and injury being sustained on the non-vital part of the body of the victim, 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. Let the applicant- Ramesh Yadav, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 10, 2025 Karan BAIL No. 29354 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad