Ramkhelawan vs State of U.P.

Neutral Citation No. - 2025:AHC:58820

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2414 of 2025

Applicant :- Ramkhelawan Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Singh,Swati Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Ms. Swati Singh, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 101 of 2008, under Section 302 IPC (complaint case no. 49/IX/2011), Police Station- Naraini, District- Banda, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that however, present case is of the year 2008 and in the present matter, applicant is in jail only since 13.12.2024 but he was not an absconder.

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She further submitted that this case has chequered history and initially during investigation, involvement of the applicant and others were found false and final report was submitted in the year 2008 and thereafter on the protest petition, applicant and other accused persons were summoned in the year 2013. She further submitted that neither summoning order nor warrants could be served/executed upon the applicant and when he was arrested then he came to know that he was wanted in the present case.

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She further submitted that as far as merit of the present case is concerned, FIR of the present case was lodged through an application under Section 156(3) Cr.P.C. after seven years from the date of alleged incident. She next submits, although, there is allegation that on 17.04.2001 applicant and others by strangulating committed the murder of the deceased but deceased died natural death as she was old and infirm lady. It is further submitted, there is no material available on record, on the basis of which, it can be said that it is a case of homicidal death as even there is no postmortem report of the deceased on record.

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She further submitted that applicant is not having any criminal history and he is in jail in the present matter since 13.12.2024.

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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 counsel for the applicant.

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

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However, present case is of the year 2008 and applicant is in jail since December, 2024 but considering the submission advanced by learned counsel for the applicant, it cannot be said that applicant was an absconder.

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Further, as far as merit of the present case is concerned, FIR of the present case was lodged through an application under Section 156(3) Cr.P.C. after seven years and except bald and verbal allegation, there is no evidence, which can suggests that actually, deceased was murdered and considering this fact, the argument advanced by learned counsel for the applicant that actually deceased died natural death, cannot completely ruled out at this stage.

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Further, during investigation, involvement of the applicant and other accused persons was found false and final report was submitted but it reflects, on the basis of protest petition, applicant and others have been summoned in the present matter.

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Further, applicant is not having any criminal history and he is in jail in the present matter since 13.12.2024.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is 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 applicant- Ramkhelawan 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 applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant 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 applicant 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 applicant.

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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 application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 21.4.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Ramkhelawan v. State of U.P.

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Ramkhelawan v. State of U.P.

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