Roshanlal and 2 Others vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Roshanlal and 2 Others vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the accused-applicants Roshanlal, Shivbabu @ Ramdheeraj and Sunil Kumar on bail on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to conditions: (1) they will not tamper with the evidence; (2) they will not indulge in any criminal activity; (3) they will not pressurize/intimidate the prosecution witnesses and will cooperate in the trial; (4) they will appear regularly on each and every date fixed by the trial court unless personal appearance is exempted through counsel; in the event of breach of any condition, the court below is at liberty to cancel their bail.

Issue for consideration

Whether the accused-applicants Roshanlal, Shivbabu @ Ramdheeraj and Sunil Kumar should be released on bail in Case Crime No.87 of 2024, under Sections 323, 325, 326, 504, 506 of I.P.C., Police Station Kaundhiyara Yamunanagar, District Prayagraj, given the pending trial, prolonged detention, and bail already granted to co-accused Mangala Prasad.

Court's answer

Considering all the facts and circumstances, the nature of accusations, the severity of punishment in the case of conviction, the nature of supporting evidence, the reasonable apprehension of tampering with witnesses and the prima facie case, but without commenting on the merit of the case, a case for bail is made out.

Ratio / Principle

The bail application is accordingly allowed and the accused-applicants are to be released on bail on execution of a personal bond and two reliable sureties each, subject to specified conduct conditions, with power in the court below to cancel bail on breach.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Court No. 68 (Neutral Citation No. 2025:AHC:54422) — Ashutosh Srivastava, J., on 15.4.2025, allowed the SECOND bail application (CRIMINAL MISC. BAIL APPLICATION No. 11261 of 2025) of Roshanlal, Shivbabu @ Ramdheeraj and Sunil Kumar, accused in Case Crime No.87 of 2024 under Sections 323, 325, 326, 504, 506 of I.P.C., Police Station Kaundhiyara Yamunanagar (Commissionerate Prayagraj), District Prayagraj. Grounds relied upon: first bail application had been rejected by a co-ordinate Bench vide order dated 01.08.2024; trial pending since long with no prospect of early conclusion; applicant detained over ten months; co-accused Mangala Prasad already granted bail vide order dated 28.02.2025 in Criminal Misc. Bail Application No. 43635 of 2025. The Learned A.G.A. opposed but did not dispute these facts. Bail was granted expressly WITHOUT COMMENTING ON MERIT OF CASE, weighing the nature of accusations, severity of punishment on conviction, nature of supporting evidence, apprehension of witness tampering and prima facie case, on a personal bond and two reliable sureties each, with four conduct conditions (no evidence-tampering, no criminal activity, no pressure/intimidation of prosecution witnesses with cooperation in trial, regular appearance before the trial court); breach authorises the court below to cancel bail.