Ram Kishun vs State of U.P.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.306 of 2021, under Sections307, 120-B IPC, Police Station-Gulriha, District-Gorakhpur, during the pendency of the trial.

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Contention of learned counsel for the applicant is that applicant was not named in the FIR but the injured made allegation against the applicant that applicant was also involved in conspiring to beat him. Therefore, applicant also obtained bail during investigation on 16.11.2021 but the police after investigation submitted a final report in favour of the applicant. Thereafter, applicant was summoned on the basis of the statement of injured witness u/s 319 Cr.P.C. on 15.11.2022. Though, the allegation in the statement of injured was that applicant was also involved in conspiracy for beating him but no specific allegation has been made against the applicant for causing any injury and there is no incriminating material against him. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 07.05.2025. 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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Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

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BAIL No. 44409 of 2025

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account over crowded jails and heavy pendency of criminal cases before trial courts, 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- Ram Kishun, 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

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Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal in

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BAIL No. 44409 of 2025

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compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.

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December 16, 2025 S.C.

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(Arun Kumar Singh Deshwal,J.)

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Ram Kishun v. State of U.P.

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Ram Kishun v. State of U.P.

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