Allowed

Ramdhani and Another v. State of U.P.

Allahabad HC4 Jan 2023BAIL/47626/2022

Case brief

AI extract

What is this about?

The Court allowed the bail application filed by Ramdhani and Brij Lal in a criminal case involving Sections 506 and 120B IPC. Relying on parity with previously released co-accused and the applicants' clean record, the High Court granted bail subject to standard conditions regarding tampering with evidence and witness influence.

What did the court decide?

Applicants Ramdhani and Brij Lal released on bail by furnishing personal bond and two sureties each.

Ramdhani and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47626 of 2022

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Applicant :- Ramdhani And Another Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Mishra,Arvind Kumar

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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 applicants, 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. 302 of 2019, under Sections 506, 120B of IPC, Police Station Manda, District Allahabad with the prayer to enlarge the applicants on bail.

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It has been argued by learned counsel for the applicants that applicant are innocent and they have been falsely implicated in the present case. Admittedly, the age of the victim is 19 years as per her school certificate. There are no allegations with regard to rape. It is submitted that co-accused Sandeep Kumar and Kamlesh Kumar have already been granted bail by this Court vide order dated 05.08.2020 passed in Criminal Misc. Bail Application No.15954 of 2020 and 15677 of 2020 respectively, copy of which is already annexed to this bail application, therefore, applicants are also entitled to be released on bail on the ground of parity. It is further submitted that applicants are languishing in jail since 14.09.2022 having no criminal history 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 fact that co-accused persons have been released on bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence 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 applicants Ramdhani and Brij Lal in the aforesaid crime be released on bail on furnishing a personal bond and two

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sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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

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

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

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(4). The applicants 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 :- 4.1.2023 Mohit

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

Ramdhani and Another v. State of U.P.

Case brief

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Ramdhani and Another v. State of U.P.

Case brief

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