Allahabad High Court
Ramsewak vs The State Of U.P. Thru. Prin. Secy. Home … on 20 June, 2025
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:35965 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5518 of 2025 Applicant :- Ramsewak Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant, Shri Mahesh Singh Yadav, learned counsel for legal heirs of deceased as well as learned A.G.A. for the State of U.P. and perused the record.
2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.33 of 2025, under Sections 190/191(2)/115(2)/105/351(3)/352 B.N.S. (erstwhile Sections 149/147/323/304/506/504 I.P.C.), Police Station- Sairpur, District- Lucknow.
3. In pursuance of earlier order, the Investigating Officer/Sub Inspector Monu Kumar Singh, Police Station- Sairpur, District- Lucknow is present and he also informs the Court that charge sheet against Ramsewak, Dileep Yadav sons of Late Natharam, Siyaram s/o Ekadashi, Neeraj s/o Siyaram, Anand s/o Chandrika, Rohit s/o Ramsewak, Aditya @ Vishal s/o Ram Bilas r/o Village- Tantapurwa, P.S.- Sairpur, District- Lucknow for the offence under Sections 191(2)/190/115(2)/351(3)/352/105 B.N.S. was filed on 16.05.2025 and he also informs that in the cross case he will submit charge sheet before the competent court very soon.
4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present caseis an innocent person and he is in jail since 19.03.2025. He further submits that other co-accused, namely, Dileep Yadav, Siyaram and Rohit Yadav, having identical role, have already been granted bail by this Court vide order dated 06.06.2025, 09.06.2025 and 12.06.2025 passed in Crl. Misc. Bail Application Nos.5102 of 2025, 4389 of 2025 and 5317 of 2025 respectively. Photocopy of bail order(s) provided by learned counsel for the applicant are also taken on record. He also requested that the applicant may be enlarged on bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
5. Learned A.G.A. as well as learned counsel for legal heirs have vehemently opposed the prayer of the applicant for grant of bail, but they do not dispute the fact that co-accused,namely, Dileep Yadav, Siyaram and Rohit Yadav, having identical role, have already been granted bail by this Court.
6. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R. as well as other relevant documents as also considering the fact that co-accused,namely, Dileep Yadav, Siyaram and Rohit Yadav, having identical role, have already been granted bail by this Court, therefore, this Court is of the view that the applicant is also entitled to be released on bail.
7. Let applicant – Ramsewak be released on bail in aforesaid Case Crime number, 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:-
(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(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.
(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.
(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 269 B.N.S.
(v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 209 B.N.S.
(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S. 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.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. The presence of the Investigating Officer is hereby exempted. It is also expected from the officer, who is present, that in the cross case he will submit the charge sheet before the court concerned very soon for proper trial of both the cases collectively.
Order Date :- 20.6.2025
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