Ram Sabad and 2 Others vs State of U.P.

Neutral Citation No. - 2025:AHC:53624

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11969 of 2025

Applicant :- Ram Sabad And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Junaid Alam, learned Advocate holding brief of Shri, Janardan Yadav, learned counsel for the applicants and Sri Kunwar Tezendra Bahadur, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicants on bail in Case Crime No. 538 of 2024, under Sections 191(2), 190, 115(2), 352, 351(2), 105 BNS, Police StationJiyanpur, District- Azamgarh, during pendency of the trial in the court below.

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Learned counsel appearing on behalf of the applicants submits however applicants are named in the FIR along with co-accused Mewati Devi and Pappu but only general and omnibus allegations have been leveled against all the accused in the FIR and in the statements of the witnesses including injured witness and after considering the entire facts in detail co-accused Mewati Devi has been released on bail by this Court vide order dated 07.04.2025 passed in Criminal Misc. Bail Application No. 11118 of 2025.

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He next submits that even co-accused Pappu has been released on bail by a Co-ordinate Bench of this Court vide order dated 09.04.2025 passed in Criminal Misc. Bail Application No. 6116 of 2025.

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He next submits, case of applicants as far as incident of assault is concerned, are exactly at par with co-accused Pappu.

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He further submits that applicants are not having any criminal history and they are in jail in the present matter since 06.12.2024.

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Per contra, learned AGA, however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned

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counsel for the applicants.

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I have heard learned counsel for the parties and perused the record of the case.

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However, it is a case in which as per allegation due to the assault made by applicants and two others, three persons sustained injuries and one died but only general allegations have been leveled against all the accused including co-accused Mewati Devi and Pappu and it reflects co-accused Mewati Devi and Pappu have already been released on bail by this Court.

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Further, it also reflects, from the side of the applicants also two persons sustained injuries.

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Further, applicants are not having any criminal history and they are in jail in the present matter since 06.12.2024.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicants are 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 applicants- Ram Sabad, Vijay Kumar and Rajesh, 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted.

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(ii) The applicants 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 applicants 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 applicants.

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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 :- 11.4.2025 Saurabh

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Digitally signed by :- SAURABH High Court of Judicature at Allahabad

Ram Sabad and 2 Others v. State of U.P.

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Ram Sabad and 2 Others v. State of U.P.

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