Ramgiri @ Ram Das Vs State of U.P.

Neutral Citation No. - 2023:AHC:132942

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27270 of 2023

Applicant :- Ramgiri @ Ram Das Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Srivastava,Shweta Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Alok Kumar Srivastava, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 496 of 2021, under Sections 302, 120-B IPC, Police Station- Ghatampur, District- Kanpur Nagar, during pendency of the trial in the court below.

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FIR of the present case was lodged by the applicant himself against one Munshi Lal and his unknown associate on the basis of suspicion.

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Learned counsel for the applicant submitted that applicant himself is the informant of the case but during investigation, he was made accused in the present matter on the basis of statements of witnesses Manoj and Janak and they stated that on the date of incident, they witnessed the applicant and co-accused Sudershan while they were coming out from the Ashrm and except this, there is no other evidence against the applicant on record and it appears that on the basis of suspicion, applicant along with Sudershan has been made accused in the present matter. He further submitted that co-accused Sudershan has already been released on bail and case of applicant is at par with him and bail order of co-accused Sudershan has been annexed as Annexure No. 9 to the affidavit.

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Per contra, learned AGA although, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the

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record of the case.

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Applicant himself is the informant of the case and during investigation, he was made accused in the present matter on the basis of statements of witnesses Manoj and Janak and from the perusal of the statement of both the witnesses, which have been annexed along with the instant bail application, it appears that only on the basis of suspicion, they disclosed the name of the applicant and co-accused Sudershan and except the statements of two witnesses, there is no other evidence against the applicant on record.

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Further, co-accused Sudershan has already been released on bail and case of applicant is at par with him. Applicant is in jail in the present matter since 21.11.2021 i.e. for last about more than one and half years.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Ramgiri @ Ram Das 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail

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application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 5.7.2023

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KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Ramgiri @ Ram Das v. State of U.P.

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Ramgiri @ Ram Das v. State of U.P.

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