Ramsajivan Vs State of U.P. Thru. Prin. Secy. Home Deptt., Lucknow

Neutral Citation No. - 2025:AHC-LKO:48211

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5162 of 2024

Applicant :- Ramsajivan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lucknow Counsel for Applicant :- Shiv Pal Singh,Ambrish Kumar,Divya Tripathi,Garima Tiwari,Prashant Chaudhary Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.222 of 2023, under Sections 302, 307, 504, 506 I.P.C., P.S. Baddupur, District Barabanki.

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In the prosecution case, it is alleged that on 15.08.2023 due to trivial dispute it is alleged that applicant has beaten the injured Neeraj and his wife Savita. Savita died on the spot.

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Learned counsel for the applicant submits that cause of death is coma as a result of ante mortem head injury. Applicant has no criminal history. It is submitted that three prosecution witnesses have been examined. P.W.1 and P.W.2 have stated that incident took place as a result of planting paling of chappar inside the place of informant whereas P.W.3 has assigned a separate reason and has stated that dispute took place as the accused has planted flag on 15th August on the place of the complainant. It is submitted that P.W.3 is alleged to be eye witness who has discarded the statement of injured. It is further submitted that P.W.1, P.W.2 & P.W.3 are the fact witnesses who have been examined. Out of 17 witnesses proposed to be examined by the prosecution. He submits that Lallan, Ranjit, Shatrughanlal and

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Amit Kumar who were left to be examined are hearsay witnesses who are resident of the same village or the eye witness. It is also submitted that rest of the witnesses are formal witnesses. There is no chance of tampering the evidence. He submits that the applicant is in jail since 18.08.2023.

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Learned A.G.A. has opposed the bail prayer.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 18.08.2023; dispute took place all of a sudden due to trivial incident without any time to cool down; prima facie the offence does not travel beyond Section 304 IPC coupled with the fact that applicant has no criminal history; important fact witnesses have already been examined; there is slight chance of tampering the prosecution evidence and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Ramsajivan be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS).

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS).

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Order Date :- 18.8.2025

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Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Ramsajivan v. State of U.P. Thru. Prin. Secy. Home Deptt., Lucknow

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Ramsajivan v. State of U.P. Thru. Prin. Secy. Home Deptt., Lucknow

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