This petition granted bail to the applicant charged with murder and forgery after two years of custody, noting that a co-accused was released on bail and the period of detention exceeded five years.
Bail granted with personal bonds and two sureties of Rs. 20,000 each, subject to standard conditions of attendance and non-interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:68235
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10425 of 2024
Applicant :- Ramraj Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Amrit Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
3 . The applicant seeks enlargement on bail in FIR No.111 of 2019, under Sections 396, 412, 120B IPC, Police Station Baghrai, District Pratapgarh.
4 . This is the second bail application. The first bail application was rejected vide order dated 21.09.2022.
5 . While arguing the second bail application, the Counsel for the applicant argues that the applicant is in custody since 18.12.2019 and the co-accused with similar allegations was enlarged on bail vide order dated 13.09.2024. The criminal history of the applicant has been duly explained in para 16.
6. Learned A.G.A. vehemently opposed the bail prayer.
7. Considering the pretrial detention suffered by the applicant of more than 5 years coupled with the fact that the co-accused with similar allegation has been enlarged on bail, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .
8. Let the applicant Ramraj Yadav be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the
offence of which he is accused or suspected of the commission; and
(c) 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 or to any police officer or tamper with the evidence.
Order Date :- 3.10.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to release on bail given prolonged pretrial detention and release of co-accused.
Whether the conditions for granting bail in FIR No.111 of 2019 are satisfied.
1 provisions across 1 enactments
Ramraj Yadav
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
