Allowed

Ram Lakhan and 2 Others v. State of U.P. and Another

Allahabad HC10 Mar 2025NABAIL/1929/2025

Case brief

AI extract

What is this about?

Applicants sought anticipatory bail in an assault case registered at Phoolpur, Prayagraj, citing parity with co-accused granted bail. The court applied Sushila Aggarwal and allowed the application, releasing them on anticipatory bail till conclusion of trial with conditions including bond, sureties, passport surrender and appearance at trial stages.

What did the court decide?

Applicants Ram Lakhan, Gayatri Devi and Anupam released on anticipatory bail till conclusion of trial on personal bond with two sureties each, subject to conditions.

Ram Lakhan and 2 Others vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:34645

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Court No. - 70

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1929 of 2025

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Applicant :- Ram Lakhan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Srivastava,Mohd. Farooq Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant anticipatory bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.319 of 2023, under Sections 452, 323, 147, 149, 325, 308, 506 I.P.C., P.S. Phoolpur, District Prayagraj, during pendency of trial.

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Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. The applicant no. 2 is lady and earlier she filed Cr. Misc. Anticipatory bail application No.14611 of 2023 and she had been enlarged on anticipatory bail till submission of police report by the Co-ordinate Bench of this Court. Counsel for the applicant next submits that both parties lodged F.I.R. and received injuries. The applicant no. 2 has also received injuries. It is further submitted that co-accused Mohd. Rehani @ Syed Mohd. Hussain, who is also named in the F.I.R. and role of assault has been given to him, has been granted anticipatory bail till conclusion of trial by the Coordinate Bench of this Court vide order dated 24.01.2025 passed in Crl. Misc. Anticipatory Bail Application No. 360 of 2025, hence the applicant is also entitled for the same relief. It has been submitted that in case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.

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Learned AGA could not dispute the claim of parity with co-accused.

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Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of " Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.

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Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application

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of the applicant is allowed .

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Let the applicants Ram Lakhan, Gayatri Devi and Anupam who are involved in the aforesaid crime, be released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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i. The applicants shall not leave India during the pendency of trial without prior permission from the concerned trial Court.

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ii. The applicants shall surrender their passport, if any, to the concerned trial Court forthwith. Their passport will remain in custody of the concerned trial Court.

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iii. That the applicants 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 them from disclosing such facts to the Court or to any police officer;

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iv. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicants.

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v. In case, the applicants misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

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vi. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.

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Order Date :- 10.3.2025 Meenu Singh

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

Ram Lakhan and 2 Others v. State of U.P. and Another

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Ram Lakhan and 2 Others v. State of U.P. and Another

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