Ramnath Vs State of U.P.

Neutral Citation No. - 2025:AHC:116314

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18312 of 2025

Applicant :- Ramnath Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Rajeev Kumar Singh, learned counsel for the applicant and Sri Amrit Raj Chaurasiya, learned A.G.A for the State and perused the material available on record.

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Applicant seeks bail in Case Crime No. 284 of 2024, under Sections 120B, 419, 420, 467, 468, 471, 506 of I.P.C., Police Station - Jhangaha, District - Gorakhpur, during the pendency of trial.

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Contention of the learned counsel for the applicant is that though in the first information report allegation has been made that applicant purchased the land of first informant through some imposter but subsequently, this fact came up in the statement of witnesses that actually two real brothers of the first informant namely Bhairav Pathak and Keshav Pathak have committed forgery taking advantage of non staying of first informant in village and transferred the entire land including the land of first informant to present applicant. Present applicant is bonafide purchaser, he purchased the land after paying consideration. He has not committed any offence. The applicant is a law abiding citizen and is languishing in jail since 27.12.2024 having no criminal history. Learned counsel for the applicant submitted that charge has already been submitted, therefore, there is no requirement of custodial interrogation. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact.

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Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view

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the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Ramnath , involved in the aforementioned crime be released on bail, on his 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 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.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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