Second bail application in a trial for murder and related offences arising from a fatal burning of the victim. The court noted substantial trial progress, reduced risk of witness influence, and prolonged detention of about two and a half years, and granted bail with conditions.
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Neutral Citation No. - 2025:AHC:19118
Court No. - 10
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1218 of 2025
Applicant :- Ram Lakhan Rathore
Opposite Party :- State of U.P.
Counsel for Applicant :- Harshit Gupta,Ramanand Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
" 8. I have considered the above mentioned rival submissions in referred factual and legal background and in view of established principle of jurisprudence of bail i.e 'bail is rule and jail is exception' as well as relevant factors for consideration of a bail application such as (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused;(vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being
influenced; (viii) danger of course, of justice being thwarted by grant of bail etc. and that an order to grant or not to grant bail must assigned reasons (see Deepak Yadav Vs. State of U.P. (2022) 8 SCC 559, Manoj Kumar Khokar Vs. State of Rajasthan and Anr (2022) 3 SCC 501, The State of Jharkhand Vs. Dhananjay Gupta @ Dhananjay Prasad Gupta: Order dated 7.11.2023 in SLP (Crl) No.10810/2023 and Shiv Kumar Vs The State of U.P. and Ors: Order dated 12.9.2023 in Criminal Appeal No.2782 of 2023 ), therefore, I am of considered opinion that present is not a fit case to grant bail to applicant mainly on following reasons:-
(i) Victim in his dying declaration while suffering with 65 percent Deep Thermal Burn injury present over the body has mentioned name of applicant as 'Fauji' with specific averment that he has a business of 'Tent', a fact which has not been denied.
(ii) Victim in his dying declaration has also specified a motive that applicant has not returned Rs.10 Lakhs given by the victim as well as applicant was jealous with prosperity of his business.
(iii) During investigation, other witnesses have also disclosed the identity of applicant by his name as Ram Lakhan Rathore as well as that he has been assigned specific role of setting ablaze the victim.
9. Considering the above specific role of applicant and that there are serious allegations of causing death of victim, this bail application is rejected."
6, Learned counsel for the applicant submits that applicant is languishing in jail since 24.7.2022 i.e. about two and a half years.
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant will not misuse the liberty of bail in any
manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of the applicant, if there is no other legal impediment.
(v) Applicant has to appear on each and every date before learned Trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned Trial Court without even issuing notice.
Order Date :- 10.2.2025 SB
Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be granted bail in a murder case despite an earlier rejection, given substantial trial progress and about two and a half years' detention.
3 provisions across 2 enactments
Ram Lakhan Rathore
State of U.P.
Saurabh Shyam Shamshery
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
