Akshansh Ravat v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43925 of 2023 Applicant :- Akshansh Ravat Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Dubey,Krishna Kant Dubey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1At the outset, counsel for the applicant submits that section 325 IPC has not been mentioned in the prayer clause of the bail application, although the bail was rejected under Section 325 I.P.C. also. In this regard, he has drawn the attention of the Court towards the bail rejection order dated 7.10.2023.

¶2Accordingly, counsel for the applicant is permitted to add section 325 I.P.C. in the prayer clause of the bail application during the course of the day.

¶3Heard learned Counsel for the applicant, Sri Shashank Shekhar Pandey, learned A.G.A. for the State and perused the record.

¶4The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 252 of 2023, under Sections 307, 323, 504, 325, 506 I.P.C., Police Station-Pilkhuwa, District-Hapur during pendency of the trial.

¶5Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Identically placed co-accused Himanshu has been granted bail by this Court vide order dated 17.8.2023 passed in Criminal Misc. Bail Application No. 33571 of 2023. The applicant claims parity. Prior to the instant case the applicant does not have any criminal history however, after his arrest he has been implicated in another case. The applicant is in jail since 16.8.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that a vague and general role has been assigned to the applicant. Identically placed co-accused Himanshu has been granted bail by this Court. Further the applicant has presently remained confined for more than two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Akshansh Ravat involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 7.11.2023 S.S. High Court of Judicature at Allahabad