Allowed

Ramjani v. State of U.P.

Allahabad HC3 Apr 2023BAIL/9548/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 9548/2023, the Allahabad High Court granted bail to Ramjani, a school van driver alleged under Section 365 IPC, noting the trial will not conclude soon. The court directed the trial court to conclude the trial within six months.

What did the court decide?

Applicant released on bail with personal bond and two sureties; trial directed to be concluded within six months.

Ramjani 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. - 9548 of 2023

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Applicant :- Ramjani Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Shri D.P.S. Chauhan, learned A.G.A. appearing for the State and perused the record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not named in the F.I.R. and his name has come into light during the course of investigation. It is next contended that the applicant has not committed the offence as alleged in the F.I.R. It is further submitted that applicant is a driver of school van which was used to pick and drop the children from the school. It is further submitted that there is no independent witness who has witnessed the scene and applicant is falsely implicated in the crime due to village rivalry. It is further submitted that there is criminal history of the applicant and the same has been explained in para no. 2 of the supplementary affidavit. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 25.01.2023.

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Learned A.G.A. has vehemently opposed the prayer for bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, trial is not likely to be concluded in near future and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for

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bail. The bail application is allowed.

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Let the applicant Ramjani involved in Case Crime No. 08 of 2023, under Section 365 I.P.C., Police Station Kagaraul, District Agra be released on bail on his furnishing a personal bond with 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.

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Order Date :- 3.4.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Ramjani v. State of U.P.

Case brief

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Ramjani v. State of U.P.

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