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2025 DAILYLAW 94642 (ALL)

RAMNIVAS v. STATE OF U.P.

BAIL/31014/2025 · 2025-09-16

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31014 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Saroj Kumar Dubey, learned counsel for the applicant, Sri Sushil Kumar Shukla, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.166 of 2025, under Sections 109(1), 191(2), 115(2), 352, 351(2) B.N.S., Police Station- Khukhundu, District- Deoria, during the pendency of trial. 4. As per prosecution story, the applicant and other co-accused persons are stated to have assaulted and caused injuries to four persons in all on 14.7.2025 at about 04:30 p.m. 5. 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 FIR is delayed by more than one day and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that there are general and omnibus allegations against all the accused persons. Two of the co- accused persons, namely, Premshila and Manbhawti Devi, have also sustained injuries in the incident, but there is no explanation offered by the prosecution regarding the injuries sustained by them. Versus Counsel for Applicant(s) : Ashok Kumar Yadav, Saroj Kumar Dubey Counsel for Opposite Party(s) : G.A. Ramnivas .....Applicant(s) State of U.P. .....Opposite Party(s) 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 18.7.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned State Law Officer has vehemently opposed the bail application. 9. 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 of more than one day in institution of FIR and there being no explanation of the injuries sustained by two of the accused persons coupled with the fact that there are general and omnibus allegations against all the accused persons, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Ramnivas, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 17, 2025 Vikas Verma BAIL No. 31014 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad