Allowed¶17

Ram Asare v. State of U.P.

Allahabad HC18 Mar 2025BAIL/8970/2025

Case brief

AI extract

What is this about?

Allahabad High Court; bail allowed; Ram Asare; Case Crime No. 46 of 2024; Sections 302, 201 IPC; Police Station Jhunsi; District Prayagraj; murder of informant's mother; FIR against unknown person; delayed implication after six months; witness statements recorded after six months; custody since 6.9.2024; personal bond and two sureties; bail conditions; cancellation on breach; Justice Sameer Jain; Order Date 18.3.2025; Neutral Citation 2025:AHC:38377.

What did the court decide?

Release of applicant Ram Asare on bail in Case Crime No. 46 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the three conditions imposed, breach permitting application for cancellation of bail. ¶17

Ram Asare vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, made accused in Case Crime No. 46 of 2024 under Sections 302, 201 IPC (murder of the informant's mother), is entitled to be released on bail during pendency of the trial.

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Court's answer

The court found that the applicant was not named in the FIR and was made accused on the basis of statements of witnesses recorded after six months; accordingly, the submission that no reliance could be placed on such testimony could not be ruled out at this stage.

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Ratio / Principle

Considering the facts and circumstances of the case, including the delay in implicating the applicant and his incarceration since 6.9.2024 for over five months, the applicant was held entitled to be released on bail.

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Key takeaways

Bail was to be furnished on a personal bond and two sureties each in the like amount, subject to conditions (appearance before the trial court, no inducement/threat/tampering with evidence, no criminal or anti-social activity); on breach of any condition, the prosecution may move this Court for cancellation of bail.ratio¶22
The observations in the judgment are limited to the facts relevant to disposal of the bail application and shall have no bearing on the merits of the case during trial.obiter¶23

Detailed headnote1 paragraphs

Bail granted — Murder (S. 302 IPC) and S. 201 IPC — Case Crime No. 46 of 2024, PS Jhunsi, District Prayagraj — Applicant not named in FIR; implicated more than six months after the FIR on the statements of witnesses whose own statements were recorded after six months, hence the plea that no reliance could be placed on such testimony could not be ruled out at this stage — Applicant in jail since 6.9.2024 (over five months) — Bail application allowed (High Court of Judicature at Allahabad, Hon'ble Sameer Jain, J., Order Date 18.3.2025; Crim. Misc. Bail Application No. 8970 of 2025; Neutral Citation 2025:AHC:38377) on personal bond and two sureties each in the like amount, with conditions regarding appearance, non-tampering and abstention from criminal activity; breach permits prosecution to seek cancellation — Observations expressly confined to disposal of the bail application, with no bearing on merits during trial.

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Neutral Citation No. - 2025:AHC:38377

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8970 of 2025

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Applicant :- Ram Asare Opposite Party :- State of U.P. Counsel for Applicant :- Mahabeer,Shashi Kant Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Shashi Kant Pandey, learned counsel for the applicant and Sri Shatrughan Yadav, 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. 46 of 2024, under Sections 302, 201 IPC, Police Station Jhunsi, District Prayagraj, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person with regard to the murder of the mother of the informant and after more than six months, applicant has been made accused in the present matter through the statement of some witnesses.

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He further submitted that however, these witnesses stated that they witnessed the applicant while he was making assault upon the deceased but as their statements were recorded after more than six months, therefore, no reliance can be placed on such testimonies.

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He further submitted that applicant is having no criminal history and he is in jail in the present matter since 6.9.2024 i.e. for last more than five months.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

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

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From the record, it reflects that applicant was not named in the FIR and during investigation, he has been made accused in the

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present case on the basis of statement of some witnesses. Record suggests that however, these witnesses stated that they witnessed that applicant was making assault upon the deceased but their statements were recorded after six months and considering this fact, submission advanced by learned counsel for the applicant that no reliance was placed on such testimony, cannot be ruled out, at this stage.

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Further, in the present matter, applicant is in jail since 6.9.2024 i.e. for last more than five months.

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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- Ram Asare, 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 :- 18.3.2025

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Ram Asare v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Asare v. State of U.P.

Case brief

What is this about?

What did the court decide?

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What the court decided

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Statutes considered

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