Brijesh Ram vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Brijesh Ram vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Brijesh Ram to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) not to tamper with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; (ii) to cooperate in the trial sincerely without seeking adjournment; (iii) not to indulge in any criminal activity after release. Sureties to be verified before issuance of the release order; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Brijesh Ram, arraigned in Case Crime No. 478 of 2024 under Sections 342, 394, 411, 120-B B.N.S., P.S. Cantt, District Gorakhpur, is entitled to be released on bail during pendency of the trial.

Court's answer

Considering the entire facts and circumstances, submissions of counsel, the nature of offence, evidence and complicity of the accused, and the similarity of the applicant's case to that of the co-accused who have been granted bail, and without expressing any opinion on the merits, the Court held that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

Parity with the co-accused was a basis for grant of bail: the case of the applicant was taken as similar to that of the co-accused, who have been granted bail.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Deepak Verma, J.; Court No. 67; Neutral Citation 2025:AHC:48723), by order dated 5.4.2025 in Criminal Misc. Bail Application No. 6724 of 2025, allowed the bail application of Brijesh Ram and directed his release on bail in Case Crime No. 478 of 2024 under Sections 342, 394, 411, 120-B B.N.S., P.S. Cantt, District Gorakhpur. The applicant was not named in the F.I.R.; his name surfaced in the statement of co-accused Angad Kumar, who had already been granted bail by a Coordinate Bench of the Court vide order dated 11.11.2024 in Crl. Misc. Bail Application No. 37805 of 2024. Taking into account the nature of the offence, evidence, complicity of the accused and the parity between the applicant and the bailed co-accused, and expressly without expressing any opinion on the merits, the Court held that the applicant had made out a case for bail. Release was ordered on a personal bond with two sureties each in the like amount, subject to conditions of non-tampering with evidence, cooperation in trial without adjournments, and abstention from crime, with breach liable to result in cancellation of bail. The applicant had been in custody since 11.10.2024 and had a criminal history explained in Para-17 of the bail affidavit.

Neutral Citation No. - 2025:AHC:48723

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6724 of 2025

Applicant :- Brijesh Ram Opposite Party :- State of U.P. Counsel for Applicant :- Nagendra Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.478 of 2024, under Sections 342, 394, 411, 120-B B.N.S., P.S.Cantt, District Gorakhpur, during pendency of the trial.

It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. The applicant is not named in the F.I.R. The alleged recovery is false, planted and not supported by any independent witness. His name surfaced in the statement of co-accused Angad Kumar, who has been granted bail by Co-ordinate Bench of this Court vide order dated 11.11.2024, passed in Crl. Misc. Bail Application No.37805 of 2024. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant has criminal history which is explained in Para-17 of the affidavit of bail application. He is languishing in jail since 11.10.2024. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned AGA opposed the prayer for bail but could not dispute the aforesaid facts.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and the fact that the case of the applicant is similar to that of co-accused, who have been granted bail and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has

made out a case for bail. The bail application is allowed.

Let the applicant, Brijesh Ram 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(ii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 5.4.2025 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad