Ram Ashish vs State of U.P. Thru. Prin. Secy. Home Lko.

The present bail application has been filed by the applicant in F.I.R. No. 928 of 2023, under Sections 147, 149, 308, 452, 323, 504, 506, 427, 325, 336 IPC, Police Station Kotwali Nagar, District Gonda with the prayer to enlarge him on bail.

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Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that the applicant has earlier been implicated in 4 other cases, out of which, in 3 cases, he has already been enlarged on bail and in one case, he has not received any summon from the competent authority/court. It is also submitted that the co-accused Narendra Giri has already been granted bail by this Court vide order dated 15.05.2026 passed in Crl. Misc. Bail Application No. 525 of 2026. It is lastly submitted that in near future, there is no possibility of conclusion of trial and the applicant is in jail since 01.04.2026. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial.

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Learned A.G.A. as well as learned counsel for the complainant oppose the prayer for grant of bail to the applicant, but do not

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BAIL No. 2716 of 2026

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dispute that the co-accused, having identical role, has already been granted bail.

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Considering the rival submissions of learned counsel for the applicant, learned A.G.A., ground of parity with the co-accused and going through the material available on record as well as totality of fact and circumstances, I am of the view that it is a fit case for bail. Application stands allowed on the ground of parity.

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Application stands allowed.

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Let applicant -Ram Ashish be released on bail in F.I.R. No. 928 of 2023, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) 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 under Section 229-A IPC.

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(v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. may be issued and if applicant fails to appear before the

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Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

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(vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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(Rajeev Singh,J.)

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June 10, 2026 VKS

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

Ram Ashish v. State of U.P. Thru. Prin. Secy. Home Lko.

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Ram Ashish v. State of U.P. Thru. Prin. Secy. Home Lko.

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