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2025 DAILYLAW 104018 (ALL)

BRAHAMMANAND v. STATE OF U.P.

BAIL/37453/2024 · 2025-04-23

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63857 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37453 of 2024 Applicant :- Brahammanand Opposite Party :- State of U.P. Counsel for Applicant :- Dhirpal Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as perused the material brought on record. 2. Learned counsel for the applicant submits that in the instant case, initially the applicant was granted bail on 16.08.2013. After getting bail the applicant went to Gujarat along with his family to earn his livelihood on account of which applicant could not appear before the trial court and nor he could contact his counsel. Due to his absence, non-bailable warrants were issued against him. Learned counsel further submits that when the applicant came back to his house he came to know regarding issuance of process against him, thereafter, he surrendered before the court concerned on 20.03.2024 and he was sent to jail and since then he is languishing in jail. He further submits that the applicant had not deliberately absconded from the judicial proceedings and undertakes that he shall not repeat the same in future. Lastly, it was submitted that the applicant is in judicial custody since 20.03.2024 and in case, applicant is enlarged on bail, he will not misuse the liberty of bail. 3. Learned A.G.A. has opposed the prayer for bail. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Brahammanand, be enlarged on bail in Case Crime No. 239 of 2013, under Sections 399, 402 I.P.C., Police Station- Kayamganj, District- Farrukhabad, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 24.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad