Ramratan Sahani v. State of U.P

Applicant :- Ramratan Sahani Opposite Party :- State of U.P. Counsel for Applicant :- Akash Kumar Nishad, Ashok Kumar Yadav, Saroj Kumar Dubey, Vivek Mishra Counsel for Opposite Party :- G.A.,Sandeep Kumar Yadav, Santosh Kumar Singh, Vivek Singh Shrinet Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri Vivek Mishra, learned counsel for the applicant and Sri Sandeep Kumar Yadav, learned counsel for the informant as well as Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record.

Applicant seeks bail in Case Crime No. 202 of 2023, under Sections 302/34 IPC and Section 29(B) of Arms Act, Police Station Rudrapur, District Deoria, during the pendency of trial.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. It is next stated that PW-1, PW-2, PW-3 and PW-4 have been examined in the court during trial and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. There is no likelihood of conviction of the applicant in the present case.

There is no criminal history of the applicant. The applicant is languishing in jail since 17.05.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

Let the applicant- Ramratan Sahani, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 9.7.2025 Sumit S (Justice Krishan Pahal) SUMIT SRIVASTAVA High Court of Judicature at Allahabad