Nanbabu @ Ram Ubare vs State of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko.

Neutral Citation No. - 2025:AHC-LKO:45857

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6646 of 2025

Applicant :- Nanbabu @ Ram Ubare Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. Counsel for Applicant :- Himanshu Pandey,Aniket Srivastav,Gopesh Tripathi,Hrishabh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Counter affidavit filed today is taken on record.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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In the prosecution case, it is alleged that on 21/22.6.2020 at about 12.15 hours in the night, the father of the informant while he was sleeping on the cot, the applicant along with two coaccused persons shot him. He was admitted at District Hospital, Gonda. During treatment, he died.

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Learned counsel for the applicant submits that during investigation, the investigating officer dropped the name of the applicant. No charge-sheet has been filed against him. Against that, an application for further investigation was filed with a request to conduct the investigation by an independent investigating agency, which was rejected by the learned Magistrate on 5.7.2022. After filing of the charge-sheet, cognizance was taken. Thereafter, on the application filed by the complainant under Section 319 CrPC, merely on the basis of general allegations levelled by PW-1, PW-2 and PW-4, three accused persons namely, Ramdas, Raju and Nan Babu (applicant) have been summoned vide order dated 22.10.2024.

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It is further submitted that the applicant has criminal history of two cases which have duly been explained in the bail application and he is languishing in jail since 12.6.2025. He has fully cooperated during investigation. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the submissions advanced, perusal of

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the record so also the fact that during investigation, the name of the applicant was dropped by the investigating officer; the applicant has duly explained the criminal history; he is languishing in jail since 12.6.2025; he has fully cooperated during investigation and without expressing any opinion on the 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- Nanbabu @ Ram Ubare involved in Case Crime No. 136 of 2020, under Section 302 IPC, Police StationKatra Bazar, District- Gonda, 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 which are being imposed in the interest of justice:-

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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 in accordance with law.

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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 84 B.N.S.S. 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 209 of B.N.S.

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Order Date :- 6.8.2025 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Nanbabu @ Ram Ubare v. State of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko.

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Nanbabu @ Ram Ubare v. State of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko.

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