Ram Prakash Vs State of U.P.

The present second bail application has been filed by the applicant in Case Crime No. 649 of 2022, under Sections 302, 201, 34 IPC, Police StationRamgarh, District- Firozabad, with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court vide order dated 28.05.2024, passed in Criminal Misc. Bail Application No.35828 of 2023.

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It has been argued by learned counsel for the applicant that the applicantaccused is innocent and he has been falsely implicated in this case. The informant has lodged first information report, alleging therein that his son Vijay Kumar was called by his estranged wife and thereafter applicant and co-accused have committed his murder. Learned counsel submitted that in the first information report no role has been assigned to the applicant. Similar statement has been made by informant under Section 161 Cr.P.C. The allegation that a quarrel has taken place between applicant and deceased on account of mobile phone, is wholly false. The dispute was between deceased and his estranged wife and applicant has no motive to commit murder of deceased. There is no independent witness of the alleged incident. The alleged recovery of mobile phone shown at the instance of the applicant,

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BAIL No. 20419 of 2025

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is wholly false. Lastly, it was submitted that the applicant is in jail since 22.11.2022, having no criminal history, and that in case he is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail and submitted that first bail application of applicant has already been rejected on merits.

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Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out.

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The bail application is allowed .

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Let the applicant - Ram Prakash involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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(i) The applicant shall not tamper with the evidence during the trial.

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(ii) The applicant shall not pressurize/ intimidate any of the prosecution witness.

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(iii) The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted.

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(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(v) 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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BAIL No. 20419 of 2025

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