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2025 DAILYLAW 9070 (ALL)

RAM NARESH SAHU v. STATE OF U.P.

BAIL/2683/2025 · 2025-02-26

Sameer Jain

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:27701 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2683 of 2025 Applicant :- Ram Naresh Sahu Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri A.K. Ojha, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA, for the State. 2. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 686 of 2024, under Sections 111, 318(2), 336(3), 61(2) and 340(2) BNS and Section 3/21 Banning of Unregulated Deposit Scheme Act, 2019, Police Station Kotwali, District Lalitpur, during pendency of the trial. 3. Learned counsel for the applicant submits that merely due to the reason that applicant was one of the agent of LUCC Company, he has been made accused in the present matter. 4. He further submits that co-accused Mahesh Prasad Rajak, who was also the agent of the company has been released on bail by this Court vide order dated 31.1.2025 passed in Criminal Misc.Bail Application No. 1801 of 2025 and however, he was not named in the FIR but as far as allegations are concerned, case of applicant is at par with him. 5. He further submits that however, apart from the present case applicant is having criminal history of ten other cases but he was not having any previous criminal history to his credit and out of ten cases in nine cases he has been made accused on the basis of similar allegation only being agent of LUCC Company. He next submits that tenth case is a case under the provisions of U.P.Gangsters Act. It is further submitted that co-accused Mahesh Prasad Rajak was also having criminal history of eleven other cases. 6. He further submits that in the present matter applicant is in jail since 11.8.2024, i.e., for the last more than six months. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed co-accused Mahesh Prasad Rajak has already been released on bail by this Court and criminal history of the applicant has been explained in the instant bail application and he is in jail since 11.8.2024, i.e. for last more than six months, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant-Ram Naresh Sahu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 27.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad