Rampher And Another v. The State Of U.P. Thru. Its Prin. Secy. Home Deptt. Govt. Of U.P. Lko

1. Heard Sri Satendra Nath Mishra, the learned counsel for the applicants, Sri Ashok Kumar Srivastava, the learned AGA for the State.

2. On 21.02.2025 the applicants were granted interim bail by a Co- ordinate Bench of this court by means of following order:- "Supplementary affidavit filed today by counsel for the applicants is taken on record. Heard learned counsel for the applicants, learned counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail during the trial in Case Crime No. 0449 of 2020, under sections 419, 420, 467, 468 and 471 of I.P.C., Police Station- Jaisinghpur, District -Sultanpur. Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the present case. Due to some misconception, the alleged sale deeds were got executed in favour of co-accused Ram Ujagir, who is the main accused and applicants herein are alleged to be marginal witness of the sale deeds. Though, once the truthfulness came into the knowledge of the co-accused Ram Ujagir, he is ready to get cancelled the sale deeds while appearing in the regular civil suit. The applicants are languishing in jail since 14.03.2023 and are having no criminal history. He further submits that the main accused Ram Ujagir has been granted interim bail for a period of sixty days vide order dated 18.02.2025 by a Coordinate Bench of this Court, therefore, the applicants are also entitled to be released on interim bail. On the other hand, learned counsel appearing for the complainant as well as learned AGA for the State has vehemently opposed the prayer of bail of the applicants, but they have no objection if the applicants are released on bail for two months in the same terms applied to main accused- Ram Ujagir. Having heard learned counsels for the parties and having perused the record, it is evident that applicants are marginal witness and the 2 BAIL No. 5479 of 2023 involved the applicants- Rampher and Jhurahu main accused Ram Ujagir is ready to got cancelled the sale deed which was registered in his favour and he has already been granted interim bail for a period of sixty days by a Coordinate Bench of this Court vide order dated 18.02.2025. The applicants are languishing in jail since 14.03.2023 without having any criminal history. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, the applicants are hereby enlarged on interim bail for a period of sixty days. Let aforementioned crime be released on interim bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code; (3) 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.; (4) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against them, in accordance with law under Section 174- A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. List/put up this matter along with Criminal Misc. Bail Application No.- 705 of 2024. It is further provided that if the co-accused Ram Ujagir would fail to repay the aforesaid amount in the mode and time prescribed above, the applicants shall surrender before the Chief Judicial Magistrate concerned after two months from the date of their release from jail and the C.J.M. shall send them to jail. "

3. The learned counsel for the State has filed a counter affidavit annexing therewith a copy of the charge sheet and the material collected during investigation.

5. However, there is no allegation of violation of the conditions of 3 BAIL No. 5479 of 2023 interim bail committed by the applicants. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim bail to the applicants.

6. The learned counsel for the applicants states that the applicants have already furnished bail bonds.

7. In view of above, the interim order dated 21.02.2025 is made absolute and the bail application is allowed in terms of the order dated 21.02.2025. August 25, 2025 -Amit K- (Subhash Vidyarthi,J.) AMIT KUMAR AMIT KUMAR AMIT KUMAR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench

1. Heard Sri Satendra Nath Mishra, the learned counsel for the applicants, Sri Ashok Kumar Srivastava, the learned AGA for the State.

2. On 21.02.2025 the applicants were granted interim bail by a Co- ordinate Bench of this court by means of following order:- "Supplementary affidavit filed today by counsel for the applicants is taken on record. Heard learned counsel for the applicants, learned counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail during the trial in Case Crime No. 0449 of 2020, under sections 419, 420, 467, 468 and 471 of I.P.C., Police Station- Jaisinghpur, District -Sultanpur. Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the present case. Due to some misconception, the alleged sale deeds were got executed in favour of co-accused Ram Ujagir, who is the main accused and applicants herein are alleged to be marginal witness of the sale deeds. Though, once the truthfulness came into the knowledge of the co-accused Ram Ujagir, he is ready to get cancelled the sale deeds while appearing in the regular civil suit. The applicants are languishing in jail since 14.03.2023 and are having no criminal history. He further submits that the main accused Ram Ujagir has been granted interim bail for a period of sixty days vide order dated 18.02.2025 by a Coordinate Bench of this Court, therefore, the applicants are also entitled to be released on interim bail. On the other hand, learned counsel appearing for the complainant as well as learned AGA for the State has vehemently opposed the prayer of bail of the applicants, but they have no objection if the applicants are released on bail for two months in the same terms applied to main accused- Ram Ujagir. Having heard learned counsels for the parties and having perused the record, it is evident that applicants are marginal witness and the 2 BAIL No. 5479 of 2023 involved the applicants- Rampher and Jhurahu main accused Ram Ujagir is ready to got cancelled the sale deed which was registered in his favour and he has already been granted interim bail for a period of sixty days by a Coordinate Bench of this Court vide order dated 18.02.2025. The applicants are languishing in jail since 14.03.2023 without having any criminal history. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, the applicants are hereby enlarged on interim bail for a period of sixty days. Let aforementioned crime be released on interim bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code; (3) 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.; (4) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against them, in accordance with law under Section 174- A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. List/put up this matter along with Criminal Misc. Bail Application No.- 705 of 2024. It is further provided that if the co-accused Ram Ujagir would fail to repay the aforesaid amount in the mode and time prescribed above, the applicants shall surrender before the Chief Judicial Magistrate concerned after two months from the date of their release from jail and the C.J.M. shall send them to jail. "

3. The learned counsel for the State has filed a counter affidavit annexing therewith a copy of the charge sheet and the material collected during investigation.

5. However, there is no allegation of violation of the conditions of 3 BAIL No. 5479 of 2023 interim bail committed by the applicants. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim bail to the applicants.

6. The learned counsel for the applicants states that the applicants have already furnished bail bonds.

7. In view of above, the interim order dated 21.02.2025 is made absolute and the bail application is allowed in terms of the order dated 21.02.2025. August 25, 2025 -Amit K- (Subhash Vidyarthi,J.) AMIT KUMAR AMIT KUMAR AMIT KUMAR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench