Ravi Pal Alias Gautam vs State of U.P.

Neutral Citation No. - 2025:AHC:42145

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7691 of 2025

Applicant :- Ravi Pal Alias Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Gaur Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Amit Kumar Gaur, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 212 of 2020, under Sections 307, 302 IPC, Police Station- Dannahar, District- Mainpuri, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that however, as per allegation, applicant committed the murder of his grand-father and his bua by causing fire-arm injury to them and incident is said to have been witnessed by his grand-mother but entire allegations levelled against the applicant are totally false.

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He further submitted that only informant i.e. grand-mother of the applicant was the sole eye-witness of the incident but during trial, she has been turned hostile and her statement recorded by the trial court has been annexed at page no. 42 of the paper book.

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He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 24.08.2020 i.e. for last more than four and half years.

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Per contra, learned AGA opposed the prayer for bail and submitted that it is a case of double murder but could not dispute the fact that grand-mother of the applicant was the sole eyewitness of the incident and during trial, she did not support the prosecution case and she has been declared hostile. He further could not dispute the fact that applicant is not having any criminal history and he is in jail in the present matter for last more than four and half years.

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I have heard learned counsel for the parties and perused the record of the case.

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However, it is a case of double murder and informant of the case is the grand-mother of applicant and as per FIR, applicant committed the murder of his grand-father and his bua but it reflect, except the grand-mother of the applicant, there is no other eye-witness of the incident and during trial, she did not support the prosecution case and she has been declared hostile.

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Further, applicant is not having any criminal history and he is in jail in the present matter since 24.08.2020 i.e. for last more than four and half years.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Ravi Pal Alias Gautam be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 21.3.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Ravi Pal Alias Gautam v. State of U.P.

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Ravi Pal Alias Gautam v. State of U.P.

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