Ram Ji and Another Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

Neutral Citation No. - 2025:AHC-LKO:27857

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 512 of 2025

Applicant :- Ram Ji And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Ashish Gulati,Abhilash Mishra,Desh Deepak Singh,Sandeep Kumar Pal,Yogendera Singh Counsel for Opposite Party :- G.A.,Priyam Kumar Singh

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Sandeep Kumar Pal, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA-I for the State, Sri Priyam Kumar Singh, the learned counsel for the informant and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 309/2024, under Sections 191(2), 191(3), 115(2), 352, 351(2) & 103(1) BNS, Police Station Qasimpur, District Hardoi.

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3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.09.2024 against seven persons, including the applicants, stating that all the accused persons had assaulted the informant's father with sticks and spade etc. When the informant, his brother and some other persons tried to save him, they were also beaten up. The informant's father was taken to a hospital from where he was referred to Trauma Centre, Medical College, Lucknow where he died on 08.09.2024.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has

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been falsely implicated in the present case and he has no criminal history.

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The learned counsel for the applicant has submitted that four co-accused persons, namely, Guddi, Niranjan, Jaswant and Kaushal have already been granted bail in the present case. The case set up against the applicant No. 2 Shyam Ji is similar to that set up against the other co-accused persons. Regarding the applicant no. 1, some witnesses have stated that he was carrying an iron rod whereas all the other accused persons are said to have been carrying sticks.

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The post mortem examination report mentions only two injuries suffered by the deceased which were two stitched wounds on left side of forehead and left side of head and the cause of death has been opined to be comma due to ante mortem head injury.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR alleges assault made by seven persons and the witnesses have also stated so; the deceased had suffered only two injuries and that four co-accused persons have already been granted bail, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicants on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicants- Ram Ji & Shyam Ji be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicants shall not tamper with the prosecution evidence;

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(ii) the applicants shall not pressurize the prosecution witnesses;

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(iii) the applicants shall appear on each and every date fixed by the trial court.

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Order Date :- 12.5.2025 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ram Ji and Another v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

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Ram Ji and Another v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.

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