Allowed

Ramnaresh v. State of U.P.

Allahabad HC1 May 2023BAIL/14249/2023

Case brief

AI extract

What is this about?

This bail application allows the release of an applicant charged with murder and related offences. The court found that the applicant made out a case for bail, considering innocence claims, character, and co-accused bail grants, granting release on surety with standard conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties subject to conditions against tampering and influencing witnesses.

Ramnaresh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14249 of 2023

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Applicant :- Ramnaresh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Vikram Yadav,Devendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 128 of 2022, under Sections 147, 148, 149, 302, 34 of IPC, Police Station Pachokhara, District Firozabad with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is contended that the role of firing is assigned to co-accused Mohit. The applicant is assigned the role of firing but no one sustained injuries. As per the post mortem report the injuries sustained by the deceased with the firearm weapon are not on the vital part. It is further contended that a country made pistol is said to have been recovered on the pointing of the applicant. It is contended that similarly placed co-accused Ravindra and Pushpendra having similar role, have been granted bail by Coordinate Bench of this Court vide order dated 08.02.2023 and 16.03.2023 in Criminal Misc. Bail Application No.2247 of 2023 and 9081 of 2023 respectively. It is also contended that criminal history of the applicant are duly explained in paragraph 17 of the bail application and paragraph 2 of the supplementary affidavit and section 25/3A of Arms Act is imposed upon the applicant with the present case. It is further submitted that applicant is languishing in jail since 07.08.2022 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence

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and all attending facts and circumstances of the case, without expressing any opinion on 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.

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Let the applicant Ramnaresh in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 1.5.2023 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Ramnaresh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ramnaresh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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