1. Matter is taken up in the revised call.

2. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.41 of 2024 at Police Station-Kemri, District-Rampur under Sections 147, 148, 149, 323, 302 IPC. The applicant is in jail since 16.03.2024.

3. The bail application of the applicant was rejected by the learned trial court on 04.06.2024.

4. The following arguments made by Ms.Shivangi Bhargava, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Santosh Kumar Shukla, learned counsel holding brief of Shri Madanji Pandey, learned counsel for the informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

"1. The F.I.R. is the result of an altercation with the principal offender-Buddhsen to the deceased, which suddenly escalated into violence causing the death of the deceased.

2. A number of family members of the said principal offender-Buddhsen have been nominated.

3. The applicant is not related to the said principal offender-Buddhsen. The applicant was nominated at the instigation of some inimical parties with malafide intention.

4. The FIR assigns a vague and a general role to the applicant in the offence.

5. The applicant has not been identified as the principal offender who inflicted the injuries at the vital parts of the body of the deceased causing his death.

6. The applicant had no motive to commit the murder.

7. No incriminating article has been recovered from the applicant.

8. The applicant has explained his criminal history. It is also contended that the applicant was falsely implicated in the said cases The said cases do not have any bearing on the instant bail application.

9. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

Let the applicant-Ramcharan Alias Ramua be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

5. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023).

6. The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant.